Dying without a will in Queensland is known as intestate. The intestate estate is distributed in accordance with the guidelines contained in the Succession Act of 1981, which does not consider the wishes of the deceased. To avoid this from happening, it is best to have a will drawn up.
Ideally, when someone dies, they should have a will on file that outlines their final wishes. However, there are times when someone has passed away, and there is no will.
What Happens When Someone Dies Intestate?
While a will usually sets out how an estate is to be distributed, dying intestate does not. In Queensland, the guideline used in this case is the Succession Act of 1981. The downside to this is that if the deceased had intended certain family members to receive specific items from the estate, that won’t likely happen.
What the Succession Act of 1981 outlines is a list of relatives who are eligible to inherit from an intestate estate. It also focuses a lot of attention on the rights of two categories of potential beneficiaries. Those categories are: de facto and same-sex partners, and adopted and step-children.
The Succession Act of 1981 is rather straightforward. If someone dies intestate, the deceased person’s assets are first distributed to any living next of kin (think spouse and children). If there is a spouse, but no children, the entire estate is inherited by the spouse.
But if there is a spouse and children, the first $150,000 of the estate, and household chattels (think furnishings, personal belongings) go to the spouse, with the remaining estate items divided between the children. However, if there is just one child, the remaining estate is split equally between the spouse and the child. If there is no spouse, but there are children, they each receive an equal share of the estate.
How Are Relationships Defined?
There are specific definitions in the Succession Act of 1981 that help with sorting out who the beneficiaries are. For example, a spouse is anyone in a marriage, a registered relationship, or a de facto partnership with the deceased. Same-sex partners have the same rights as a married spouse under this law.
The law also has provisions for separated but not divorced couples. In this case, the estranged spouse is still considered married and has entitlement to the spouse’s share of the estate.
As for children, known in the Act as “issue,” both biological and legally adopted children are considered equals in the distribution of the deceased person’s estate. It is important to note that a biological child also includes one that may have been born out of marriage, and proof of paternity is typically required to verify the connection to the deceased.
What Happens If There Is No Spouse Or Children?
The Succession Act of 1981 has that covered as well. The estate simply goes to other relatives, but the law outlines the order. It starts with the parents of the deceased and then the siblings. This is followed by nephews and nieces, grandparents, uncles and aunts, and ends with cousins. The Act does not consider in-laws or step-parents as eligible to benefit from an intestate estate.
As for cousins, in Queensland, the list ends at first cousins. Other states include additional cousins as far as third cousins. As you can see, the primary focus regarding the distribution of an intestate estate is family and relatives, starting with spouses and children.
You Decide How Your Estate Is Distributed…
Naturally, the easiest way to prevent dying without a will is to have a will drawn up so that your wishes are carried out regarding how you want your estate distributed among your family and friends. For assistance with this, contact your wills and estates lawyers in North Brisbane – GKS Law. They can help you with wills and estate planning and ensure that your estate plans and final wishes are legally documented. For all your wills and estate planning in Brisbane, see GKS Law today.
Conclusion
Dying without a will is not uncommon. However, when it happens, it changes how the deceased person’s estate is distributed. The deceased person’s wishes are not considered, as there is no documentation outlining them. When this happens, the Succession Act of 1981 is applied. It outlines who is eligible to receive portions of the intestate estate.
There is a specific order of family and relatives who are considered eligible starting with the spouse and children. It goes from there and is very specific. The best way to avoid this kind of estate distribution is to have a will drawn up by a wills and estate planning lawyer. That way, if you have items you wish to give to a member of your family, it can be spelled out in a legal document.