Who Inherits the Estate When Someone Dies Without a Will?

A deceased person without a will is described as having died intestate. This means their assets and possessions will be distributed according to the Laws of Intestacy rather than according to the late individual’s wishes which were never recorded in a Will.

In the event that a person passes away without a Will in ACT, their property will be used to pay off any of their debts. Afterwards, their assets are divided between the spouse and children according to the Administration and Probate Act 1929 (ACT), in particular, in accordance with Part 3A and Schedule 6 of the Administration and Probate Act 1929 (ACT), which outlines the distribution of an intestate estate on intestacy.

When the intestate is survived by a spouse/partner as well as children, the amount each will receive depends on the value of the estate, as well as the number of people involved. If intestate assets are valued at less than $200,000, the partner is entitled to the entirety of the intestate estate. If the value exceeds this limit, the partner is entitled to $200,000 as well as interest on that sum, calculated at an 8% rate for every year between the date of the intestate’s death and the date that the sum is paid. In the case that the intestate has one surviving child, the partner will also receive half of the remaining balance while the child receives the other half. If there is more than one surviving child, the partner will receive one-third of the remaining balance. The children will then receive an equal share of whatever remains after the partner’s share has been set aside for payment.

If the deceased has more than one spouse or de facto partner, their estate may be divided between them or given solely to those eligible. Section 45A of the Administration and Probate Act 1929 states that in the ACT, an eligible partner (as defined in Section 44) and the intestate must be domestic partners continuously for five or more years before death for the partner to be exclusively entitled to the partnership share. If they were domestic partners for less than five years, however, any eligible partners and spouses, civil union partners, or civil partners will receive an equal portion of the partnership share.

If the deceased leaves behind a spouse but no children, the partner may be entitled to the entirety of the intestate estate.

In case the deceased has no spouse, partner, or parents, the order of succession found in Part 6.2 of Schedule 6 in the Administration and Probate Act 1929 (ACT) states that any siblings will split the inheritance evenly. If the siblings are already deceased, but they have children, then those children will inherit the assets instead. If no parents, siblings, grandparents, or aunts or uncles remain, the estate will be distributed to the Australian Capital Territory Government.

Preparing for something as inevitable as death is essential. Every person’s situation is unique and should you pass away without setting your affairs in order, your estate may not be distributed according to your wishes if you do not prepare a Will.

You’ll find the services of a Wills lawyer and an estate planning lawyer to be very valuable in the process of creating a Will and determining who you wish to receive your possessions once you’ve passed away.

At Andrew Byrnes Law Group, we are experienced wills and estate lawyers serving the Australian Capital Territory. Our legal expertise makes us more than capable of helping you address your needs.

We can meet with you and prepare a crafted, tailored Will which accurately reflects your needs. If you want to complete the process faster, you can complete a short online interview and receive a customised tailored Will within 48 hours along with a video of one of our lawyers taking your through your Will and providing legal advice specific to your Will. All for just $440.00

Get in touch with us today to learn more about what we can do for you!