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INTESTACY LAW

Intestacy arises in Victoria when a person dies without any legal record of what should happen to their property. This can happen in one of three ways:

  1. they die without a will;
  2. they die with a will but such will is invalid; or
  3. they left a will, but it did not include all the current property.

If a person dies intestate, the laws of intestacy will determine how a person’s estate is distributed.

1

In Victoria, if a person passes away leaving:

A Partner only

The partner is entitled to all of the estate

A Partner and Children

  • (1) Partner receives the personal chattels of the deceased, $100,000; and
  • (1) The rest is split 1/3 to the partner and 2/3 divided equally among the children.

No Partner and Children

Estate distributed to the children equally

No Partner; No Children

The estate will be distributed in the following order:

  • Parents
  • Siblings
  • Grandparents
  • Nephew and nieces
  • Aunts and Uncles
  • First Cousins

GET IN CONTACT TODAY

If you would like further information, we recommend that you book a free consultation with our experienced professionals at Estate Lawyers. Call our Melbourne office on (03) 9088 3185. Alternatively, you can email us at info@estatelawyers.com.au.