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;
|Where the intestate leaves a spouse and children not from that spouse||
|Where the intestate leaves a spouse and issue from that relationship||
|Where the intestate leaves a spouse and issue from a different relationship||
|Where the intestate leaves multiple spouses||
|Where the intestate leaves no spouse but leaves issue||
|Where the intestate leaves no spouse and no issue||
|Where there is no spouse, no issue and no parents||
|Where there is no spouse, no issue, no parents and no siblings||
|Where there is no spouse, no issue, no parents, no siblings and no grandparents||
|Where there is no spouse, no issue, no parents, no siblings, no grandparents and no aunts or uncles||
|Where there is no entitled persons||
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.
More information? To find out more, give us a call on 1300 023 782 or email firstname.lastname@example.org.
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