Dying without a valid Will is called dying intestate. It does not mean that the State automatically takes everything. It means Victorian legislation, rather than you, determines who receives the estate.
Who inherits?
The answer depends on the relatives who survive you. If you leave a partner and no children, or only children who are also that partner’s children, the partner will generally receive the intestate estate.
If you leave a partner and descendants from another relationship, the rules are more complex. Depending on the value of the estate, the partner may receive personal chattels, a statutory legacy and a share of the balance, with the remaining share passing to the relevant descendants.
If there is no partner, the legislation sets an order that can include children, parents, siblings and their descendants, grandparents, and aunts and uncles and their descendants. Only if no eligible relatives can be found does the estate ultimately pass to the Crown.
Who administers the estate?
Without a Will there is no appointed executor. An eligible person may need to apply to the Supreme Court of Victoria for letters of administration. The Court’s grant gives the administrator authority to deal with estate assets where a grant is required.
Why can this produce an unexpected result?
Intestacy rules do not know your personal relationships, promises or priorities. A stepchild is not automatically treated as your child simply because you have raised them. A close friend or charity will not receive a gift unless the law otherwise provides for it. The rules may also divide an estate differently from what family members expected.
A valid Will lets you choose beneficiaries, appoint an executor and include substitute arrangements if someone dies before you.
To put your wishes in writing, call Hemmings Legal on 0466 028 844 or book through our website.
General information only. Intestacy outcomes depend on the family and assets involved.
Sources for review:
Administration and Probate Act 1958 (Vic), Part IA
Supreme Court of Victoria Probate Office FAQs