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Intestacy Rules

When someone passes away without a Will, it's called dying "intestate." This happens when a person either didn't make a Will or lost it. Many Australians haven't made a Will or have some wrong ideas about who will get their stuff after they pass away, and how easy and quick it will be.
When there's no Will, the person's belongings, known as their 'estate,' have to be shared according to specific rules called 'intestacy rules.' These rules decide who gets what from the deceased person's stuff. It might not match what the person wanted in a Will.
But here's the thing: each state and territory in Australia has its own set of intestacy rules. They don't all follow the same rules. This means there are important differences that can affect how the person's things are shared among family members.
Intestacy in New South Wales
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased survived by children of a previous relationship?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( 1. First $350,000 plus personal effects to partner 2. Balance   • 50% to partner   • 50% divided equally between the children of previous      relationship and children of deceased children) B -- NO --> E( All assets are distributed to the partner) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by   1. Parents   2. Brothers and sisters and children      of deceased brothers and sisters   3. Half brothers and sisters   4. Grandparents   5. Aunts and uncles   6. Cousins   7. Half aunts and uncles   8. Government) A:::red B:::light C:::light D:::blue E:::blue F:::blue G:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in Australian Capital Territory
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased also survived by children?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( The spouse receives the first $200,000 and personal chattels  • One-third of the residuary estate     goes to the spouse  • Two-thirds of the residuary estate distributed     equally between the children) B -- NO --> E( Is there more than one spouse or Civil Partner?) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by   1. Parents   2. Brothers and sisters   3. Grandparents   4. Aunts and uncles   5. First cousins   6. Government) E -- YES --> H( If the deceased and civil partner were in a relationship for less than 5 years, the estate is divided equally between the spouse and civil partner If the deceased and civil partner were in a relationship for more than 5 years, the civil partner inherits 100%) E -- NO --> I( All assets are distributed to the spouse) A:::red B:::light C:::light D:::blue E:::grey F:::blue G:::blue H:::blue I:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in Northern Territory
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased also survived by children?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( If estate <= $350,000  • Spouse inherits the whole estate; or If estate > $350,000  • Half of the remainder if there is one    child/grandchild  • One-third of the remainder if there are    several children/grandchildren) B -- NO --> E( Was the deceased also survived by  • a parent  • a brother or sister) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by  1. Parents  2. Brothers and sisters  3. Grandparents  4. Aunts and uncles  5. Government) E -- YES --> H( A spouse inherits the entire estate up to $500,000 and half of any remainder if the deceased is survived by their spouse and parents. The remaining half is shared by the deceased's parents. If the parents are also deceased, the intestate person's siblings inherit the remainder equally.) E -- NO --> I( All assets are distributed to the partner) A:::red B:::light C:::light D:::blue E:::grey F:::blue G:::blue H:::blue I:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in Queensland
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased survived by children of a previous relationship?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( 1. First $150,000 plus personal effects to partner 2. If there is one child   • 50% to partner   • 50% divided equally between the      children of previous relationship Otherwise   • One-third of balance to partner   • Two-thirds divided equally between the children      and children of deceased children) B -- NO --> E( All assets are distributed to the partner) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by  1. Parents  2. Brothers and sisters and children     of deceased brothers and sisters  3. Grandparents  4. Aunts and uncles and children of     deceased aunts and uncles  5. Government) A:::red B:::light C:::light D:::blue E:::blue F:::blue G:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in South Australia
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased survived by children of a previous relationship?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( 1. First $100,000 plus personal effects to partner 2. If there is one child   • 50% to partner   • 50% divided equally between the children     and children of deceased children) B -- NO --> E( All assets are distributed to the partner) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by  1. Parents  2. Brothers and sisters and children     of deceased brothers and sisters  3. Grandparents  4. Aunts and uncles and children of     deceased aunts and uncles  5. Government) A:::red B:::light C:::light D:::blue E:::blue F:::blue G:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#00426b,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in Victoria
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased also survived by children?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( Are the children, the children of the surviving partner?) B -- NO --> E( All assets are distributed to the partner) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by  1. Parents  2. Brothers and sisters and children      of deceased brothers and sisters  3. Grandparents  4. Aunts and uncles and children of     deceased aunts and uncles  5. Government) D -- YES --> H( All assets are distributed to the partner) D -- NO --> I( Statutory legacy of $451,909* to partner ❲being the entire estate if < $451,909*❳ If estate> $451,909*:   • Chattels, statutory legacy*, and 50% of residuary estate to partner   • Remaining 50% of residuary estate to children ❲and children of deceased children❳ *Interest and indexing with CPI may apply) A:::red B:::light C:::light D:::blue E:::grey F:::blue G:::blue H:::blue I:::blue classDef red fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3
Intestacy in Western Australia
flowchart TD A(Was the deceased survived by a partner?) A -- YES --> B(Was the deceased also survived by children?) A -- NO --> C(Was the deceased survived by children?) B -- YES --> D( 1. First $50,000 plus personal assets to partner 2. Balance   • 1/3 of balance to partner   • 2/3 divided equally between the children     and children of deceased children) B -- NO --> E( Was the deceased also survived by   • a parent   • a brother or sister   • a niece or nephew?) C -- YES --> F( Distributed in equal shares to the children and the children of deceased children) C -- NO --> G( Inherited in order by  1. Parents  2. Brothers and sisters and children      of deceased brothers and sisters  3. Grandparents  4. Aunts and uncles and children of     deceased aunts and uncles  5. Government) E -- YES --> H( 1. Personal assets to partner plus first $75,000 of estate 2. One half of balance to partner 3. Remaining half:   • $6,000 to parent❲s❳   • One half of balance to parent❲s❳   • Remainder divided equally between siblings and      children of deceased siblings) E -- NO --> I( All assets are distributed to the partner) A:::red B:::light C:::light D:::blue E:::grey F:::blue G:::blue H:::blue I:::blue classDef grey fill:#e94242,color:#fff,stroke:#636363 classDef blue fill:#186DB0,color:#fff,stroke:#00426b classDef light fill:#f3f3f3,stroke:#f3f3f3