What Happens If You Die Without a Will in Queensland?
If you die without a valid Will, it’s known as dying “intestate”.
Dying Intestate: Who Inherits If There’s No Will?
Under the Succession Act, your assets will go to your immediate next of kin, meaning your spouse or partner, your children, and your grandchildren.
A de facto partner has the same rights as a married spouse and can be a same-sex partner, or of any gender. To share in the estate of a partner who has died intestate, the relationship must have been in existence continuously for at least two years prior to the deceased’s death.
If there is no spouse, partner, children, or grandchildren, the estate then goes to your parents, followed by – in order – siblings, nieces and nephews, grandparents, uncles and aunts, and then cousins.
First cousins are the last stop on the succession plan. In-laws, stepparents or stepchildren are not considered next of kin under the Succession Act.
If no one can be traced or it is uncertain whether someone is still alive who could benefit from the estate, then the estate will be held in “unclaimed monies”. If there are no living relatives at all, your estate will go to the Crown – meaning, the Government.
If you die intestate, the person who deals with your estate is called an administrator.
Their job is to ensure all debts are paid, assets collected, taxes are finalised, and the estate is distributed.
An administrator can:
- obtain probate from the Supreme Court of Queensland
- locate and notify beneficiaries
- verify and protect assets
- confirm insurance of assets
- collect valuables and income
- determine debts and liabilities
- prepare tax returns
- obtain income tax clearances
- transfer assets
- prepare financial statements and distribute the estate
Why You Should Make a Will in Queensland
To avoid this legal and bureaucratic tangle, it’s in your best interest to have a valid and up-to-date Will in place. It means your assets and belongings will go to the people you want them to, and your estate will not end up in the hands of the government.
Our specialist succession planning lawyers are here to help you. Make an appointment by calling GLG Legal Springfield on: (07) 3288 3511 or emailing: info@springfieldlegals.com.au
