Dying without a will in Queensland means your estate will be governed by the state’s intestacy laws. This can significantly impact how your property and assets are distributed and might not align with your personal wishes. Here’s what happens when you pass away intestate in Queensland:
- Intestacy Laws Apply: Queensland’s intestacy laws determine how your assets are divided if you don’t have a will. These laws prioritise your closest relatives. Typically, your estate will be distributed as follows: if you have a spouse and children, your spouse will receive a portion of your estate, with the remainder divided among your children. If you have no spouse or children, your assets will go to your parents, siblings, or more distant relatives based on a set hierarchy.
- Probate Process: Even without a will, your estate must go through probate if your assets are more than $300,000 (which if you own a property, this almost certainly means that your assets will be more then $300,000). The court will appoint an administrator, often a close relative, to handle the distribution of your assets. This process can be lengthy and costly, as it involves assessing and valuing your estate, settling any debts, and ensuring the lawful distribution of remaining assets.
- Potential Family Disputes: The lack of a will can lead to disputes among family members about how assets should be divided. Without your specific instructions, disagreements might arise, potentially leading to prolonged legal battles and emotional stress for your loved ones.
- Unintended Beneficiaries: Intestacy laws might not reflect your personal wishes. For example, if you have a partner but are not married, they may not inherit anything under intestacy rules. Similarly, special gifts or charitable bequests you might have wanted to make will not be fulfilled.
- Guardianship Issues: If you have minor children, intestacy laws will not address guardianship. The court will decide on guardianship based on what it deems best, which may not align with your preferences.
