Next of Kin Queensland: Who do Assets go to if there is No Will (Intestacy)

If someone dies intestate in Queensland – meaning without a Will – who do their assets pass to? Contrary to popular folklore it’s not the government. At least not initially. In Queensland the ‘next of kin’ of a deceased person are fourth in line to receive the assets, behind the deceased’s spouse, children and parents.

So who exactly are the next of kin who stand to benefit and when are they entitled to a share?

What does Next of Kin mean?

Next of Kin describes a person’s closest living blood relatives which naturally includes the spouse, child and parents. For the Intestacy Rules in Queensland, section 35(1A) of the Succession Act 1981 (Qld) defines next of kin to include:-

• the brothers and sisters of the intestate; and
• the grandparents of the intestate; and
• the brothers and sisters of a parent of the intestate; and
• the children of any brothers or sisters of an intestate who predecease the intestate; and
• the children of any brothers or sisters of a parent of an intestate who predecease the intestate.

Distributions to next of kin operate on a level by level basis. This means an estate distributed between the Next of Kin will first be divided evenly between any surviving brothers and sisters of the deceased. Only if the deceased had no surviving siblings will the grandparents stand to take the estate. This applies so on and so forth.

Case Study: My uncle just passed away. He didn’t have a partner or children. Will I receive some of his estate? Answer: Maybe, but only if your uncle had no surviving parents, siblings, grandparents, uncles or aunts. If one of your parents predeceased your uncle (i.e. they were your uncle’s brother or sister), you will take your parents share which you will share between your siblings (if any).

Wondering where you stand? As the example above illustrates, intestacy rules in Queensland can be complex. If a loved one has passed away, contact us and we can work with you to know where you stand and determine whether you need Letters of Administration. Call Will and Estate Lawyers Australia today on 07 3073 2405 for a completely free no obligation consultation with an experienced lawyer who will help demystify your rights.

Guide to Who Gets What on Intestacy

As mentioned above, Queensland’s Intestacy Laws operate to leave the estate to the nearest category of kin to the exclusion of more distant relatives.

This part covers entitlements for the next of kin. This only applies if the deceased had no spouse, no children or parents which we covered in this post about what happens if you die without a will in Qld.

Brother(s) and/or Sister(s)

The deceased’s siblings will share his or her estate if the deceased died without a will and without a spouse, child(ren) or surviving parent(s).

The estate will be shared evenly between the surviving siblings, and the children of any siblings who predeceased the deceased.

Now, that’s quite a mouthful which is better illustrated in this image:

Case Study: John passes away without a will. He has no spouse, child and his parents have already passed away. John has two surviving siblings: Andy and Bianca. John’s sister Caitlin passed away 1 year before John. John’s estate will be distributed between Andy (1/3 share), Bianca (1/3 share) and Caitlin’s children Dean (1/6 share) and Elizabeth (1/6 share). Andy instructs our office to apply for Letters of Administration on Intestacy. Andy is appointed Administrator and with our assistance pays John’s debts and distributes the remainder of the estate to John’s siblings, niece and nephew.

Grandparent(s)

If there is no surviving sibling, the next of kin entitled to take the estate will be the deceased’s grandparents.

Case Study: Using the above case study, if John’s siblings all passed away before him, John’s estate would instead pass to his grandparents.

Uncle(s), Aunt(s), Cousin(s)

If there is no surviving, spouse, child, parent, sibling or grandparent, the deceased’s uncles or aunts will share his or her estate.

A cousin will take their deceased parent’s share.

Case Study: Carrying on the facts from the above case studies, if John’s grandparents predeceased him his uncles and aunts will share his estate. John has two surviving aunts Selma and Louise and one deceased uncle – William. The estate will be share evenly between Selma and Louise (1/3 share each) and John’s cousins – William’s twin boys Jason and Kyle – will take a 1/6 share each.

Niece(s) and/or Nephew(s)

If none of the aforementioned or any uncles or aunts survived the deceased, then his or her nieces or nephews will share the estate.

Cousins

If none of the aforementioned family survived the deceased, the cousins of the deceased will share the estate equally between them.

The Crown

If you die without without a Will and you have no surviving spouse, child, parent or next of kin you estate is deemed bona vacantia and the Crown (Government) is entitled to it. However, there is still a chance for relatives more distant than those mentioned above to make a special request for a share of the estate. Contact us to see how we can help.

At Will and Estate Lawyers Australia, we believe everyone should have a will to ensure their estate, no matter how insignificant they consider it, is passed to someone they think could use it, including a worthy charity. A simple lawyer-drafted will costs $499 – call us for a no obligation quote to make your will.

I think I Might be entitled – what next?

If a relative has recently passed and you or your family might be entitled to share their estate, contact us for a free no obligation case assessment and consultation. We will assess whether you may be eligible to apply and explain the next steps. If we determine you are an eligible applicant, we can file an Application for Letters of Administration on Intestacy which grants you authority to collect and distribute estate assets. We understand the financial stress at this time so we can pay the filing fees and can defer payment until the Administrator is granted access to estate funds.