The question Does a spouse automatically inherit everything in Australia? is determined by multiple factors including whether or not a person died with a valid will. However, to discuss this, it is necessary to define who a spouse is.
The Succession Act outlines that you are a person’s spouse if you fall into one of three categories:-
- Husband or wife;
- De facto patner; or
- Civil Partner.
In this article, you will find detailed information about the inheritance rights of spouses. If you still have questions or need help after a loved one has passed, you can call us on 07 3073 2405 and one of our friendly lawyers will be happy to assist.
Does a spouse automatically inherit everything in Queensland?
If your spouse dies with a will.
If your spouse has passed away with a will, they will have appointed an executor/s and beneficiaries of the estate who is responsible for getting a grant of probate. The executor/s is responsible for distributing the estate in accordance with the deceased’s wishes. If a spouse is not listed as a beneficiary in the will then they will not receive anything from the estate.
However, in Queensland if a spouse, child or dependent has been left out of the deceased’s will or they believe they haven’t been provided adequate provision, they may contest the will. Therefore, even if a spouse is to receive the whole of the deceased’s estate a child or dependent may contest the will.
If your spouse dies without a will
If your spouse has died intestate (without a will) a spouse won’t necessarily inherit the whole estate. The estate will be distributed in accordance with the rules of intestacy outlined in the Succession Act. The general rules of intestacy state that an estate will first be distributed to the deceased’s spouse and the deceased’s children (or grandchildren if the child/ren are no longer alive).
- If I the deceased has a spouse and has no children
If the deceased has a spouse and has no children the whole of the residuary estate will go to thespouse.
- If the deceased has a spouse and has children or grandchildren
If the deceased has a spouse and children, the household chattels and the first $150,000 of deceased’s estate will go to the spouse. The remainder of the estate is to be distributed in equal parts to the deceased’s children or to the deceased’s grandchildren if a child is no longer alive.
If your spouse has died intestate, you may need to apply for letters of administration which we can help you with.
So, does a spouse automatically inherit everything in Australia? If your spouse died without a will, the answer is no, not necessarily. That is why getting a will in place is very important.
My spouse has died intestate – what happens to their property?
A common question clients have is regarding how ownership of property is distributed when their spouse dies intestate. Is a spouse entitled to inheritance money in Australia?
- Joint Tenancy- if you are joint tenants, with your spouse, this means that the property will automatically be distributed to the surviving spouse when the deceased passes away.
- Property held as tenants in common – If property is held as tenants in common it is usually distributed in accordance with a deceased’s will.
Here is an article on the differences between joint tenancy and tenants in common which you may find helpful.
However, if there is no will it can make the distribution process much more complicated. In this case it is possible that the court may need to make an Order before the property can be transferred, regarding how it is going to be distributed.
De facto rights after death – Are Defacto partners considered spouse’s for inheritance purposes?
Yes, a spouse includes a defacto spouse for inheritance purposes.
There are factors that determine whether you are or are not considered a defacto spouse. One factor to consider is whether you have been living with your partner on a genuine domestic basis for 2 years or more. Other things to consider are whether you had shared finances, there is a child in the relationship or a sexual nature of the relationship and whether the relationship is registered under a prescribed law of a State or Territory, amoung other things.
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There are steps that need to be taken in order to ensure your loved one inherits your estate after you die. We recommend ensuring you have a valid will in place with a lawyer.
Still have questions as to, Does a spouse automatically inherit everything Australia?, or maybe something else call us on 07 3073 2405 to get your free Will quote or to help you after a loved one has passed today.
