What happens if there is no Will?
Our People:
There is no Will – What You Need To Know
Making a Will ensures that the wishes of a will-maker are known regarding who gets what of their estate. What happens to an estate in Victoria where there is no Will?
If you are a potential beneficiary to an estate where there is no Will – this is what you need to know.
Letters of Administration – what is it and who applies?
If there is no Will an application to the Victorian Supreme Court for “Letters of Administration” will likely be required if the estate includes assets such as real estate or personal property of value.
The person who makes the application is usually a deceased persons closest surviving next of kin. For example a spouse, domestic partner or a child of a deceased.
On application completion, the legal document issued by the Court enables the appointed person to collect and distribute the estate.
No Will – am I a beneficiary?
Intestacy Rules apply to who gets what of a deceased’s estate.
The Table below sets out who gets what.
Click to enlarge table diagram
If a deceased person died with multiple partners the following rules apply:
(a) Is there more than one partner but no surviving children or children of either surviving partner? If yes, the entire estate goes to the two partners by agreement or by court order. If neither is put in place then it’s divided 50/50 between them.
(b) Is there more than one partner and are any children of the deceased not children of the partners? If yes, the partners get all personal chattels, $499,210 as at 01.07.2022, 50% of the remaining balance of the estate by agreement or court order and if neither is in place then 50/50 between them. The remaining 50% is divided amongst the children.
Where there is no Will – How we can help
If there is no Will we can help you by:
- Giving advice on where you stand as a beneficiary;
- Helping you to negotiate and resolve any issues;
- Assisting you to apply for Letters of Administration and administering the estate.
We are experienced Wills & Estate lawyers offering quality, cost-effective advice where there is no Will.
If you are involved in an estate where there is no Will and you are unsure of your legal position get in touch with Andrew O’Bryan or Carl Wilson on 9200 2533 or send us an email.
We have offices at Melbourne, Dandenong and Pakenham.
How to contact our Wills & Estates lawyers
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au