Who inherits?

When someone dies without a valid will, the law of their state or territory decides who receives their estate. Set up a family and an estate, and compare the result across Australia.

General information only, not legal advice. It shows the basic rules; real estates often turn on details (a will that partly works, family provision claims, debts, overseas property). Talk to a lawyer or your state's Public Trustee before relying on it.

The estate and the family

Examples

The estate

Super and life insurance usually pass by nomination, outside the estate, and aren't included.

The family

Partners
    Children
      Parents alive
      Brothers and sisters
        Grandparents alive
        Aunts and uncles

          Who inherits, state by state

          Tests

          Each example below was worked out by hand from the Act, and runs through the same rules as the console every time the page loads.

          CaseExampleBasis in the ActResult