What happens if you die without a will?

 

If you don’t have a will when you die, your estate will be divided in the way set out in the Administration Act.  As a result, your property may not go to the people or charities that you would have wanted to benefit from your estate.

Any property you own jointly with another person will usually pass automatically to the surviving joint owner.  For example, if you own a house jointly with another person rather than as tenants in common.  The Administration Act rules won’t apply to that property.

In general if you die without a will, your estate will be divided in the following ways.

If you die leaving…	Then this happens:
A partner only	All of your estate goes to your partner
A partner and children	Your partner gets all of your chattels and the first $155,000 of your estate and 1/3 of what’s leftYour children get the remaining 2/3 to share
A partner and one or both parents	Your partner gets all your chattels and the first $155,000 of your estate and 2/3 of what’s leftYour parents get the remaining 1/3 to share
Children only	Your estate will be divided equally between your children
Parents only	Your estate will be divided equally between your parents
Siblings only	Your estate will be divided equally between your brothers and sisters
Grandparents, uncles and aunts only	Your estate will be divided equally between your maternal and paternal grandparentsIf you have no grandparents then their share of your estate will be divided equally between your uncles and aunts
None of the above	Your estate will be given to the Crown.  The Crown may provide for any of your dependents or other persons you may have been expected to provide for.