In Queensland, dying without a valid Will is described as dying “intestate”. The law then dictates that the estate is distributed in a specific order, which is:
- Spouse or de facto partner
- Children
- Parents
- Siblings
- Nieces and nephews
- Grandparents
- Uncles, aunts, and cousins
In Queensland, the distribution of an intestate estate stops at the level of the first cousin, which differs from other jurisdictions.
Finally, if there are no relatives to be found, the estate will revert to the Crown, meaning, the government.
If you were not legally married at the time of your death, and you die intestate, your de facto partner will need to prove you had been in a relationship for at least two years prior to your death. The court will consider factors such as the length of time that you were together; whether you lived in the same house full time; whether there was a sexual relationship; any financial dependence and joint acquisition or ownership of property; as well as shared responsibility for children and household activities.
If someone is separated but not divorced from their spouse upon dying intestate in Queensland, then they are still considered married under the law. The estranged spouse is then entitled to a spouse’s share of the deceased’s estate.
Under the law, both biological and legally adopted children are counted for succession purposes. An adopted child has the same rights as a biological child to inherit a portion of an intestate estate. Children born outside of marriage are also entitled to make a claim. Dying intestate may mean that your biological children born outside of marriage or a de facto relationship could have to provide evidence of their paternity.
Who is not included in the distribution of the estate of someone who has died without a Will?
- Step-children
- In-laws
- Close friends
What is the roles of family members, if you die without a Will?
If someone dies intestate in Queensland, the closest next-of-kin (spouse, partner, or children) must apply to the Supreme Court for Letters of Administration. This family member becomes the administrator of the estate and are responsible for:
- Asset distribution: The administrator must distribute assets according to a strict legal hierarchy, not according to what the family believes the deceased wanted
- Paying debts and taxes: The administrator is responsible for paying funeral expenses, debts, and taxes from the estate before any funds are distributed to beneficiaries
- Making funeral arrangements: The next-of-kin or closest family member generally takes responsibility for funeral decisions in the absence of an executor
Dying without a valid Will places an unfair burden on the family members you leave behind, and it could open a path for disputes.
To ensure your final wishes are followed, the Wills and Estates experts at GLG Legal Springfield are here to help you. Contact our office for an appointment by calling: (07) 3288 3511 or email info@springfieldlegals.com.au to book your consultation.
