What happens if you die without a will in Queensland?

How the estate is divided

In broad terms, under the Queensland intestacy rules the residuary estate passes as follows:

• A spouse and no children — the spouse takes the whole estate
• A spouse and children — the spouse receives the household chattels and a fixed statutory legacy, and the balance is split between the spouse and the children in set shares
• Children and no spouse — the children share equally, with a deceased child's share passing to their own children
• No spouse or children — the estate passes up and out through parents, siblings, grandparents, and then more remote relatives

Where it goes wrong for real families

Two situations cause the most distress on the Sunshine Coast. The first is the blended family: a second spouse and children from a first marriage each take a statutory share, which regularly forces the sale of a home someone is living in.

The second is the de facto relationship whose status is disputed. Whether a partner qualifies as a spouse can become a contested question of evidence at the worst possible time.

Nothing in the rules provides for a step-child you raised, a close friend, or a charity. Those people receive nothing unless you make a will.

Someone still has to administer it

Without a will there is no executor. A relative must apply for letters of administration before anything can be dealt with, which adds delay and cost, and there is no guidance about guardianship of young children or about your wishes for the funeral.

A will is not just for large estates

A straightforward will takes an hour or two and settles who receives what, who administers it, who cares for your children, and who has authority to act. Reviewing it after a marriage, separation, birth or property purchase matters just as much as making it — marriage generally revokes an earlier will, and divorce affects gifts to a former spouse.

Frequently asked questions