What happens if you die without a will?

Posted by:

 

If you don’t have a will when you die, your estate will be divided in the way set out in the Administration Act.  As a result, your property may not go to the people or charities that you would have wanted to benefit from your estate.

Any property you own jointly with another person will usually pass automatically to the surviving joint owner.  For example, if you own a house jointly with another person rather than as tenants in common.  The Administration Act rules won’t apply to that property.

In general if you die without a will, your estate will be divided in the following ways.

If you die leaving… Then this happens:
A partner only All of your estate goes to your partner
A partner and children Your partner gets all of your chattels and the first $155,000 of your estate and 1/3 of what’s leftYour children get the remaining 2/3 to share
A partner and one or both parents Your partner gets all your chattels and the first $155,000 of your estate and 2/3 of what’s leftYour parents get the remaining 1/3 to share
Children only Your estate will be divided equally between your children
Parents only Your estate will be divided equally between your parents
Siblings only Your estate will be divided equally between your brothers and sisters
Grandparents, uncles and aunts only Your estate will be divided equally between your maternal and paternal grandparentsIf you have no grandparents then their share of your estate will be divided equally between your uncles and aunts
None of the above Your estate will be given to the Crown.  The Crown may provide for any of your dependents or other persons you may have been expected to provide for.

 

 

 

3

About the Author:

  Related Posts
  • No related posts found.

Comments

  1. Renata West  August 2, 2011

    what constitutes a partner, what if they don’t live in the same house?

  2. Amy Callon  July 27, 2012

    Is this the most up to date information? Have found on some websites that it is the ‘first $121,500’ of your estate rather than the ‘first $155,00’. Mentioned in 2nd and 3rd paragraph

  3. Isy  August 30, 2012

    Always rely on getting legal advice from a lawyer in relation to your specific facts. Never rely solely on websites, which although correct at the time of writing, are not always updated as the law changes. The information in this blog was correct at the time of writing.