If there is no will the deceased is said to have died “intestate” and application must be made to the court for grant of Letters of Administration authorising the administrator to proceed to administer the deceased estate according to statute.
Interstate estates are distributed according to a statutory formula. A common myth is that if a person does not make a will the result is that the Government benefits by receiving the whole of the estate. This would be a very rare occurrence indeed and would only occur if there were no relatives at all.
If a person dies intestate or has not made a valid will or the will does not completely distributes
all of the deceased’s possessions, the estate is distributed in the following way:
If the deceased is survived by:
- A spouse with no children (or grandchildren): the spouse gets the entire estate.
- A spouse and children: the spouse gets two thirds (2/3) of the estate and the remaining one third (1/3) is divided equally among the children. If one of the children has died that share goes to his/her children.
- Children, but no spouse: the estate is divided equally among the children (or their children).
- Parents, but no spouse or children: the estate is divided equally between the parents or given entirely to one parent if only one survives.
- Brothers and sisters only: the estate is shared equally among them, with the children of a deceased brother or sister taking his/her share.
- Nieces and nephews only: the estate is divided equally among those surviving.
- Other relatives only: the estate is divided equally between the nearest equal relationship.
- No relative: the estate goes to the State.
