Does a spouse inherit everything if there is no will in Queensland?

Not always. If children or more than one spouse survive, the statutory formula may divide the estate.

What does a spouse receive if children also survive?

The Succession Act provides a statutory legacy and household chattels plus a share of the residue, with the remaining residue distributed to the deceased's issue according to the Act.

Who administers an intestate estate?

An eligible person may apply to the Supreme Court for letters of administration, which gives authority to administer the estate.

Can a dependant seek more from an intestate estate?

An eligible spouse, child or dependant may be able to make a family provision claim if adequate provision was not made by the intestacy result. Strict time limits apply.

Dying Without a Will in Queensland: Intestacy Rules

Queensland intestacy law decides the beneficiaries when a person dies without a valid will. The outcome may differ sharply from what the deceased or family expected.

The statutory formula

If the deceased leaves one spouse but no children or other issue, that spouse is generally entitled to the residuary estate. If a spouse and issue survive, the spouse receives the statutory legacy and household chattels plus the share of residue prescribed by Schedule 2 of the Succession Act 1981 (Qld).

The calculation can become more complex where there is more than one spouse, including a married spouse and an eligible de facto partner, or where a child died earlier leaving descendants. Estate assets and jointly owned assets must also be distinguished because survivorship assets do not form part of the distributable estate.

Administration without an executor

There is no executor appointed by a valid will. An eligible person may need to apply to the Supreme Court for letters of administration and then gather, pay and distribute the estate according to law.

Intestacy does not prevent an estate dispute. An eligible spouse, child or dependant may still seek family provision, and strict notice and filing periods apply. Contact Bell and Senior Lawyers on (07) 5532 8777 promptly if a death has occurred.

Who Inherits If You Die Without a Will in Queensland?

The statutory formula

Administration without an executor

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