Everything Brisbane & Sunshine Coast Families Need to Know About Intestacy Laws
When someone passes away without a valid Will in Queensland, they are said to have died intestate. This means there are no clear legal instructions about who should receive their assets or who should take charge of the estate.
In these cases, Queensland’s Succession Act 1981 steps in to determine how everything is divided. While these laws follow a specific order of priority, they often don’t reflect what the person would have actually wanted, which can cause confusion, disputes, and distress for the people left behind.
Let’s break down exactly what happens when there’s no Will — in simple, plain English.
What Happens to Your Assets If You Die Without a Will?
If you pass away intestate in Queensland, your assets don’t automatically go to “the government” — but they also don’t go to just anyone. There’s a strict legal hierarchy that determines who gets what, starting with your spouse or de facto partner, then your children, and so on.
Who Inherits First? Spouses and Partners
If you’re married or have a de facto partner (same-sex or heterosexual), they are the primary beneficiary. If you don’t have children, your spouse or partner typically receives your entire estate.
If you have children, your estate is shared between your spouse and your children.
Your partner will usually receive:
- All personal belongings and household items
- The first $150,000 of the estate
- A share of anything remaining, split with the children
💡 De Facto Partners Count Too
To qualify, your de facto relationship must have lasted at least 2 years continuously before death. You must have lived together on a genuine domestic basis — even if you were still legally married to someone else.
What If There’s No Spouse — Just Children?
If you don’t have a surviving spouse or partner, your children will inherit everything equally. This includes biological and adopted children, even if they were born outside of marriage.
Stepchildren are not automatically included under intestacy laws unless legally adopted, though they may have a right to make a Family Provision Claim.
No Partner, No Children — Who Gets the Estate?
The law will then look to your next of kin in this order:
- Your parents
- Your siblings
- Your nieces and nephews
- Your grandparents
- Your aunts, uncles, and cousins
If none of the above exist, the estate is passed to the Crown (the government).
Who Handles the Legal Process?
If there’s no Will, no one is officially appointed to manage your estate. A loved one — usually a spouse or close relative — must apply to the Supreme Court for Letters of Administration to become the administrator of your estate.
This person takes on the responsibility of:
- Collecting your assets
- Paying any debts or taxes
- Distributing the estate according to the intestacy laws
This process can be complex and emotionally draining, especially during a time of grief.
Why This Can Lead to Disputes
When there’s no Will, families may disagree over:
- Who should be in charge
- Who should receive what
- Whether a partner or child is legally recognised
- How to deal with stepchildren or blended family issues
These conflicts can lead to court battles, delays, and damaged relationships, often costing the estate thousands in legal fees.
The Simple Solution: Make a Will
Having a professionally drafted Will ensures:
- Your wishes are stated
- Your family is protected
- The right person manages your estate
- The process is faster, easier, and less stressful
At Kate Redman & Associates, we make it simple by coming to you — at your home, workplace, or even in a hospital. We offer fixed fees, plain-English advice, and ongoing support to ensure your wishes are legally protected.
Serving Brisbane & the Sunshine Coast
Our mobile legal service supports clients across:
- Brisbane (Northside, Southside, CBD)
- Sunshine Coast (Caloundra, Maroochydore, Noosa, Gympie)
Frequently Asked Questions
What happens to my superannuation if I die without a Will?
Superannuation doesn’t automatically form part of your estate. You’ll need to have a binding death benefit nomination in place, or the super fund may decide who receives your balance.
Can my partner inherit if we weren’t married?
Yes — you can leave your estate to your partner in your Will. However, if you die without a Will, your partner may be in the position of having to prove your relationship to show the Court that you were spouses so that they can receive a distribution from your estate.
Do stepchildren get anything?
Not automatically. Stepchildren must usually make a legal claim to receive anything from an intestate estate.
What are Letters of Administration?
This is the court document that allows someone to legally manage and distribute the estate of a person who died without a Will.
How do I make sure this doesn’t happen in my family?
Easy — make a Will. We can help with fixed-fee estate planning that’s tailored to your needs and explained in plain English.
Get started today
Ready to Protect Your Family’s Future?
Don’t leave your loved ones with confusion and stress. Making a Will is easier than you think — and we’ll come to you.
