What happens if I die without a will in Victoria?

If a person dies in Victoria without a valid will, they are said to have died intestate. This can cause a range of issues as you have no control over who benefits from your estate, no control over who administers your estate and disputes can arise as to whom is the “next of kin”.

Who does my estate go to?

Intestacy Rules determine what happens to your estate and how it is distributed to entitled persons. If you do not have a spouse or issue, 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

What are the Intestacy Rules?

Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 governs how estates are to be distributed on intestacy in Victoria. The intestacy rules of Victoria are as follows;

Circumstance	Entitlement
Where the intestate leaves a spouse and children not from that spouse	The spouse is entitled to the whole of the intestate estate
Where the intestate leaves a spouse and issue from that relationship	The spouse is entitled to the whole of the estate
Where the intestate leaves a spouse and issue from a different relationship	The spouse receives all of the personal chattels, the first $451,909 and 50% of the balance with the remaining 50% amongst the issue
Where the intestate leaves multiple spouses	The estate will be divided in one of the following ways: Under a distribution agreement As per a distribution order from the Court In equal shares
Where the intestate leaves no spouse but leaves issue	The children are entitled to equal portions of the estate and if a child of the intestate has already passed away, the deceased’s child’s children take equally
Where the intestate leaves no spouse and no issue	The parents of the intestate are entitled to the estate equally
Where there is no spouse, no issue and no parents	The intestates siblings are entitled to the estate in equal shares
Where there is no spouse, no issue, no parents and no siblings	The grandparents of the intestate will receive the estate
Where there is no spouse, no issue, no parents, no siblings and no grandparents	The aunts and uncles of the intestate are entitled to equal shares of the estate
Where there is no spouse, no issue, no parents, no siblings, no grandparents and no aunts or uncles	The first cousins of the intestate are entitled to equal shares of the estate
Where there is no entitled persons	The estate passes and belongs to the Crown

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

To ensure that you have control over how your assets are distributed after your death, you should have a will. Having a will can help you and your family avoid issues and disputes such as how your assets are distributed and who your ‘next of kin’ is.