What Happens to Your Estate When There Is No Will? (Victoria, Australia)

What Happens to Your Estate When There Is No Will?

We don’t often like to think about it, but having a will is one of the most important steps you can take to protect your family and your legacy. Dying without a will—known as dying intestate—means the law decides how your estate is distributed, which may not align with your wishes or your family’s needs.

“A will isn’t just about money, it’s about care, clarity, and peace of mind for those you love most. Without one, your family can be left navigating uncertainty at an already difficult time.”
— Jenny Brown, CEO, JBS Financial

If you pass away without a valid will in Victoria, your estate will be distributed according to intestacy laws. These rules are designed to reflect what most people might choose, but the results can be surprising—especially for blended or non-traditional families.

Let’s explore some common scenarios:

1. Single, Partner Passed, and Have Children

If you are single (not married or in a de facto relationship at the time of your death), your partner has already passed away, and you have children, the law is clear:

• Your estate is divided equally between your children.
• If any of your children have died before you, their share will generally pass to their children (your grandchildren), if any.

Key Point: If you have no living children or grandchildren, the estate moves up the family tree—to your parents, then siblings, then grandparents, and so on.

2. Partnered With No Children: Is It Simple?

If you die intestate and are survived by a partner (married or de facto) but have no children, the process is relatively straightforward:

• Your partner receives 100% of your estate.

There are no statutory splits or complications in this scenario. The law recognises the surviving partner as the sole beneficiary.

3. No Will, Partner Who Is Not a De Facto: Who Counts as a “Partner”?

This is where things can get complicated. The law in Victoria recognises both married and de facto partners for the purposes of intestacy. But what does “de facto” mean?

Who Is a “Partner”?

• A “partner” is someone you are married to, or someone you are in a “registered domestic relationship” or a “de facto relationship” with at the time of your death.
• A de facto relationship is generally defined as a genuine domestic relationship for at least two years, or one where you have a child together, or have registered the relationship.

If Your Partner Is Not a De Facto

If you have a partner who does not meet the legal definition of a de facto (for example, you are dating, but not living together in a genuine domestic relationship for two years or more, and have no children together):

• They will not be recognised as a partner for intestacy purposes.
• Your estate will pass to your children (if any). If you have no children, it will go to your parents, then siblings, and so on, following the statutory order.

Other Scenarios from the Flow Chart

• If you have a partner and children from a previous relationship, your partner receives your personal chattels, a statutory legacy (about $500,000 as of recent updates), and 50% of the remaining estate. The other 50% is shared among your children from the previous relationship.
• If you have no immediate family, the estate can eventually pass to more distant relatives, and if none are found, it is gifted to the State of Victoria.

Summary Table

Final Thoughts

Having a will ensures that the people and causes you care about are looked after according to your wishes, not the law’s default settings.

If you haven’t yet created or reviewed your estate plan, now is the time to act. A professional financial adviser can work with your solicitor to ensure your estate, superannuation, and insurance all align with your broader financial goals.

📞 Let’s talk about how to protect your loved ones and your legacy.
🔗 Contact the JBS Financial team today for peace of mind and a clear plan for the future.