Dying Intestate
We often hear people say they “don’t need a Will” and in cases like One Direction’s Liam Payne, there are instances where people just never got around to preparing one. If someone does pass away without a Will (known as intestate), their assets are distributed according to the strict formula as set out within the Succession Act 1981 (Qld).
The Succession Act outlines that the Estate is distributed:
1. If the deceased had a spouse but no children – to the surviving spouse 100%
2. If the deceased had a spouse and children – the surviving spouse receives $150,000, the household chattels and 1/2 or 1/3 of the residue depending on how many surviving children.
3. If the deceased had no spouse but had children – to the surviving children equally.
4. If the deceased had no spouse and no children:
a. To their parents; then
b. To their siblings and nieces and nephews; then
c. To their grandparents; then
d. To their aunts and uncles and cousins.
5. If the deceased had no living ‘next of kin’ – to the Government 100%.
As can be expected, the laws of intestacy do not always match the intentions that people have for their assets or the support they want to leave to their friends and family upon their passing. In some cases, the laws of intestacy may cause for particular assets to be sold that the deceased did not want to be sold to enable beneficiaries to receive their share.
Additionally, the question then becomes, who actually administers the estate? In the case of intestacy, the position of ‘Administrator’ is open to any family members who are willing and prepared to take on the role. Procedurally, they must then apply to the Supreme Court of Queensland for a Grant of Letters of Administration formally appointing them as Administrator. As can be expected, this additional step and the time taken to ascertain the valid beneficiaries may result in the costs of administering the estate to be significantly larger and for the process to take longer.
Bethany Bellion, Solicitor at Zande Law Solicitors, 9/15 Discovery Drive, North Lakes and 3/15 Middle Street, Cleveland, is the author of this article, practising in the areas of Wills, Estates and Family Law.
The information in this article is merely a guide and is not a full explanation of the law. This firm cannot take responsibility for any action readers take based on this information. When making decisions that could affect your legal rights, please contact us for professional advice.
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