What happens if I die without a will in Queensland?

In Queensland, if you pass away without a will in place, you are considered to have died intestate. Therefore, the next of kin (usually a spouse or de facto partner) is given the role of administering the deceased’s estate. This cannot occur until after the Administrator receives a grant of letters of administration of intestacy.

Who does my estate go to?

Intestacy Rules determine what happens to your estate and how it is distributed to your next of kin. If you do not have a spouse or children, your estate will be distributed to the following people respectively;

• • Your parents

• • Your siblings

• • Your nephews/nieces

• • Your grandparents

• • Your uncles/aunts

• • Your first cousins

• The Crown

Step-parents and in-laws are not classified as next of kin under the Intestacy Rules.

What are the Intestacy Rules?

In Queensland, the Intestacy Rules are found in the Succession Act 1981 and are as follows;

Circumstance	Entitlement
If the intestate is not survived by issue	If there is only 1 surviving spouse, the spouse is entitled to the whole of the residuary estate. If there is more than 1 surviving spouse, they are entitled to the whole of the residuary estate
If the intestate is survived by issue	If there is only 1 surviving spouse, the spouse is entitled to $150,000 and the household chattels, plus a part of the residuary estate depending on how many children there are. If there is only 1 child, the remainder of the estate would be split in half, however if there are more children, it is split in thirds.
Where the intestate is survived by issue	The issue are entitled to the whole of the residuary estate
Where the intestate is not survived by issue but is survived by one or both parents	The parent is entitled to the whole of the residuary estate or, if both parents survive the instate, the parents are entitled to the whole of the residuary estate in equal shares
Where the intestate is not survived by issue or by a parent but is survived by next of kin	The next of kin are entitled to the residuary estate
Where the intestate is not survived by issue, by a parent or by next of kin	The Crown is entitled to the residuary estate.

What can I do to control how my estate is distributed when I die?

The definition of “next of kin” is rather broad. For people in circumstances where they don’t speak some of their relatives, it is unlikely that they will want their estate to go to distant family if they die. It’s also safe to say that not many people would want their estate to go to the government if there was no next of kin.

To ensure you don’t have any unexpected issues when it comes to your estate and its distribution, it is essential to have a valid will.