- 1Intestacy rules follow a fixed order of relatives and may not reflect your wishes.
- 2Intestacy produces its most unexpected results in blended families, de facto relationships and families with estranged relatives.
- 3An administrator must be appointed by the Supreme Court before the estate can be dealt with.
Who inherits under intestacy
The Succession Act 1981 (Qld) sets out who is entitled when there is no valid will. In broad terms:
- ✓If there is a spouse and no children, the spouse generally takes the whole estate.
- ✓If there is a spouse and children, the spouse generally receives the personal belongings, a fixed statutory amount and a share of the rest, with the children sharing the balance.
- ✓If there is no spouse, the children share equally.
- ✓If there is no spouse or children, the estate passes to parents, then siblings, and then more distant relatives in a set order.
The precise shares depend on the circumstances and should be confirmed for each estate.
Letters of administration
Because there is no executor, a person — generally the spouse or a close relative — applies to the Supreme Court of Queensland for letters of administration. The process is similar to a probate application but requires additional evidence about the family and entitlements.
The administrator then collects the assets, pays debts and distributes the estate according to the intestacy rules.
Where intestacy causes problems
Intestacy can produce outcomes the deceased would not have chosen: a former partner or estranged relative may be entitled, stepchildren may receive nothing, and a young beneficiary may inherit outright at 18. Family provision claims may also follow.
A current will — reviewed after marriage, separation or the birth of a child — avoids these risks and lets you choose your executor.
Common questions
Does my de facto partner inherit if I die without a will?+
A de facto partner who meets the legal definition of spouse can be entitled under the intestacy rules. Proving the relationship can add time and cost to the administration.
What if there are no relatives at all?+
In rare cases where no eligible relatives exist, the estate may pass to the State.
Sources & further reading
- ↗Queensland Legislation — Succession Act 1981 (Qld)
- ↗Queensland Courts — letters of administration
- ↗The Public Trustee of Queensland — information for families and administrators
This guide is general information about Queensland and Australian law and is not legal advice. Laws change and every situation is different — speak with us about your specific circumstances before acting.
