What happens if you die without a will?

So, what happens if you die without a will? In Queensland if you die without a will, it means that the deceased has died intestate. It is difficult losing someone. If they die without a will, it can make things seem more complicated. There are rules in Queensland if you die without a will.

So to get to the point, after you die who will inherit your property? In Queensland, whether there is a will that is valid is the most important part. Then if not, what the family structure is. Thirdly, whether there is a family provision claim is also relevant. Below, we explore the definition of intestacy, the Queensland Rules of intestacy,  the priority of the inheritance rights for partners, spouses/partners and children. We also explore the eligibility to apply for Letters of Administration if the Deceased Left No Next of Kin.

So let’s go through what happens if you die without a Will in Queensland.

What does Intestacy mean?

In Queensland where a person dies without a valid will is referred to as intestacy.

The Queensland Intestacy laws then govern the process for having an appropriate person appointed as the administrator. The process for distribution of the estate of the deceased are also governed by the intestacy laws in Queensland. This means that these laws set out the distribution of the estate, rather than the deceased’s wishes.

These rules set out who can inherit and in what amounts in relation to the deceased’s estate.

This is a particularly important reason why it is important to have a valid will. Otherwise you do not get to decide who inherits your estate in the way you want. Without your wishes being recorded in a valid will, in Queensland the intestacy laws are what has to be followed. 

Queensland’s Rules of Intestacy

A general outline of how the division of the estate is provided below.

As stated, it is important to understand that when the deceased passes away without a valid will, the laws of intestacy in Queensland specify how the estate is to be divided. A general outline of how the division of the estate is provided below.

Who gets the priority is set out in the Successions Act 1981. It is clearly set out that there is an order in how the deceased’s estate is distributed. This is not equal for everyone. Firstly, the spouse or de facto partner is the first priority. Then children. If there are no children but the children left grandchildren then they would receive priority. After this the parents of the deceased following by siblings of the deceased and after this distant relatives.

The State- or the Queensland Government

Often people assume that the State is who gets the estate if someone dies without leaving a will in Queensland. It is only in cases which are fairly rare, where there are no relatives found, that those assets can be claimed by the state.

The Partner or spouse

The person who usually gets the first claim on the deceased’s estate, is the spouse or partner who has survived the decease. Depending on whether or not there are surviving children or not under teh Succession Act 1981 sets out:

• The spouse or partner will inherit the whole estate if there are no children who survived the deceased.
• The spouse may receive a statutory sum (for example $150,000) and an additional percentage along with the rest of children (if there are children). However it depends if the estate is below or above a certain threshold.

Please note that these statutory rules can be adjusted by the legislation and may vary over time.

Second Marriages / Blended Families

If the deceased had children from a previous marriage or relationship, for second marriages, the scenario can be more complex. Under instestacy whilst the signifcant portion of the estate will go to the esate, the children including step child can also share in this. Therefore complications and disputes can arise in these scenarios.

Children of the deceased 

If there are children, they typically inherit the estate in equal portions after the spouse’s share, the children normally inherit in equal proportions. If there are was no spouse who surivved, the children could inherit the entire estate. However, where there are grandchildren who survived the child who passed, they would take their parents share.

Parents

Where the deceased died without leaving a spouse or children, then the parents of the deceased would inherit the estate.

Siblings of the deceased

Where the deceased died and did not have a spouse, children or parents who survived, then the siblings would inherit the estate. Moreover, if the sibling has also died prior but left a child or children, they would take their parents. share.

Extended Family of the deceased

Who receives the estate if there were no spouse or defacto children, children of the deceased, parent or parents of the deceased or siblings of the deceased or their siblings? The next in line is the extended family, so this could go to the grandparents, the aunts, uncles or the cousins.

What about jointly owned assets

If assets are owned jointly such as a property is owned as joint tentants, then this goes to the surviving party. Other assets can be jointly owned such as vehicles, and bank accounts too.

Also read: How Long Is a Will Valid For in Queensland?

Letters of Administration

If the deceased died without a will, then the next of kin has to apply for letters of administration.  According to the Succession Act 1981, the next of kin takes on the role of administering the deceased’s estate. Letters of administration show that the court has examined the relevant documents and is satisfied that the person named in the grant is authorised to administer the estate. The estate cannot be administered until Letters of Administration has been granted by the Supreme Court of Queensland.

Who Can Apply for Letters of Administration?

The next of kin applies for Letters of Administration. However, more than one person can apply if they are eligible (such as siblings).

Often siblings would chose to apply to share in the responsibilities involved for the process of applying for and administering the estate of the deceased.

By obtaining Letters of Administration, the appointed representative has the authority to distribute the estate. They may also need to settle any debts owing and deal with other issues such as the payment of taxes.

Who is Eligible to Apply for Letters of Administration if the Deceased Left No Next of Kin

When an individual dies without a valid will, their estate needs a representative to administer it. This situation is referred to as dying ‘intestate.’

The letter of administration is a legal document that appoints a person or institution to manage and distribute the deceased’s assets.

By obtaining this letter, the appointed representative has the authority to settle debts, pay taxes, and distribute the assets according to the laws of intestacy in Australia.

The Public Trustee of Queensland may need to administer the estate if there is no eligible relatives of the deceased.

Also read: Are Do-It-Yourself Wills Valid?

What Happens when the Deceased Dies without a Will in Queensland – How Terry Anderssen Lawyers can assist!

It is a stressful process for loved ones to deal with sorting out the estate of a loved one who died without a will in Queensland.

At Terry Anderssen Lawyers, we help families naviagate this complex process. We guie them through the complex intestacy laws. We also help them to ensure the estate is distributed effectively.

Help our team of estate lawyers guide you with your loved one’s estate matter.

We are conveniently based at Nundah on Brisbane’s Northside, we can help assist you with your estate matter.

If you have a family law matter, a conveyancing matter or business law matter we can also assist you.

Contact us today for an appointment.