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A spouse and child from the relationship | The spouse is entitled to the whole of the estate. |
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A spouse and child from a previous relationship. | The spouse is entitled to receive:
- the personal effects (property) of the deceased
- a statutory legacy (gift) of approximately $490,000 (as at July 2021) adjusted by the Consumer Price Index. For information about Consumer Price Index, go to the
 Australian Bureau of Statistics website. If this amount is not paid within 1 year from the date of death, the spouse is also entitled to receive interest on this amount. - half of everything left over (the remainder of the estate).
All of the deceased person's children, including children from previous relationships and from the current spouse, whether they are from a previous relationship or from the spouse, are entitled to equal shares of the other half of the remainder of the estate. Children who are not legally the children of the deceased, for example step children, are not included.
The spouse also has a 'right to elect' to acquire property from the estate. If you are the spouse and if you want to purchase property from the estate, you should get
legal advice |
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More than one spouse | The spouses are entitled to equal shares of the estate. There may be more than one spouse if the deceased was married and had a de facto spouse or more than one de facto spouse. |
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Children only | The children are entitled to equal shares of the whole of the estate. This includes adopted children, but not step children. If a child of the deceased has already died leaving children (grandchildren of the deceased), the grandchildren are entitled to their parent's share. |
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No spouse or children | The deceased person's parents are entitled to equal shares of the whole of the estate. |
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No spouse, children or parents | The deceased person's full and half blood brothers and sisters are entitled to equal shares of the whole of the estate. If the deceased person's siblings died leaving children, then the deceased person's nephews or nieces are entitled to the share their parent would have received in the estate.
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No spouse, children, parents, brothers or sisters | The deceased person's grandparents are entitled to equal shares of the whole of the estate. |
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No spouse, children, parents, brothers, sisters or grandparents | The deceased person's full and half blood aunts and uncles are entitled to equal shares of the whole of the estate. |
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No spouse, children, parents, brothers, sisters, grandparents, aunts or uncles | The deceased person's first
cousins are entitled to share equally in the share that their parent would have
been entitled to. |
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No spouse, children, parents, brothers, sisters, grandparents, aunts, uncles or cousins | The State government is entitled to the whole of the estate. |