Hi Cassey,

The rules of intestacy for Victoria (Administration and Probate Act 1958) say that this is how an estate is to be distributed if there is no will:
A. If there are no children but a surviving spouse OR domestic partner, then the whole of the
estate will pass to the spouse or the domestic partner.

B. When there are no children but a surviving spouse AND domestic partner, then their
respective shares will depend on a distribution agreement under s.70ZE or an order made by
the Court. This is outside the scope of the information provided in this document.

C. If the deceased had a surviving spouse and children of that relationship, the spouse would
receive the entire estate.

Kind regards,

D. If the deceased had a surviving spouse and children NOT of that relationship the spouse
would receive the personal chattels (meaning furniture, effects, cars, garden effects, pets, plate, plated articles, linen, china, glass, books, pictures, jewellery, ornaments, musical instruments,
wines and food but not money, stocks or shares or anything used for business purposes);
AND
100% of the estate if the estate is valued at less than $451,909 (indexed to CPI); or
If the estate is greater than $451,909, then the spouse receives $451,909 plus interest plus
50% of the balance; and
The children of a previous relationship receive 50% of the balance in equal shares.

F. If the deceased left children but no surviving spouse or domestic partner, the children would
inherit. If a child had died, their share would go to their children (the grandchildren).

G. If the deceased left no children, spouse or domestic partner, family members would inherit in
the following order:
• Parents (if only one surviving parent, that parent would inherit the entire estate)
• Siblings – brothers and sisters (either whole or half blood)
• Nieces and nephews
• Grandparents
• Uncles and Aunts
• Cousins
The estate does not pass to the government unless there are no living relatives.