What happens if you die without a Will in Western Australia?

If you die without a Will, then what you own is divided according to the ‘rules of intestacy’ in WA.

The rules of intestacy refers to the automatic way someone’s estate (e.g the assets they owned) is divided among the surviving family if they die without a valid Will

In WA, there are two main factors that determine how your estate will be distributed if you pass away without a Will.

The first is the overall value of the estate, and the second is the relatives you leave behind.

What will my spouse be left?

If you die and leave behind ONLY a spouse or de facto partner – that is no children, parents, siblings, nieces/nephews etc, then your spouse will be entitled to your entire estate.

In every case, your spouse or de facto partner will be entitled to your household chattels (all personal property residing in your house).

Because the spouse is automatically entitled to all household chattels, the following values of the estates we discuss will all exclude household chattels.

What if I have a spouse and children?

This will depend on the value of the estate and also the number of children you have.

If your estate is valued at less than $50,000, the entire estate will pass to your partner.

If the value is over $50,000, your partner will get the first $50,000 (including 5% interest on that amount), plus 1/3 of the remainder of the estate.

Your children will then get the remaining 2/3 of the estate, in equal shares. However, if you only have one child, the remainder estate is split 50/50 between your partner and child.

What if I have a spouse, no children, but other living, close family members?

In this case, if the estate is not worth more than $75,000, your partner will receive the entire estate.

If the value is over this amount, then your partner will receive the first $75,000 (plus interest), and 50% of the remainder.

The remaining 50% is split as follows:

• If this remaining amount is less than $6,000, or if you have no surviving siblings, your parent/s will be entitled to the whole amount, (split evenly if both are alive).
• If the value is more than $6000, your parent/s will receive the first $6000, plus 50% of the remainder. Your siblings, (or your sibling’s children if your sibling has died before you) will be entitled to 50% of whatever is left, in equal shares.
• If neither of your parents are alive, then your siblings (or your sibling’s children if your sibling has died before you), will receive the entire 50%, in equal shares.

What if I have children but no spouse?

In this instance, your children will receive the entire estate, in equal shares.

If any of your children died before you, their share will go to their surviving children, (your nieces/nephews).

What if I do not have a spouse or any children, but I have parents and siblings? 

Your parents will receive the first $6,000 of the estate, plus 50% of the remainder, in equal shares. The other 50% will be split evenly between your siblings, or their children if they have died before you.

If you have only parents (no partner, children, sibling or niece or nephew), then your parents will receive your entire estate, in equal shares.

If you have only siblings (or their children if the sibling has died) and no partner, children or parents, then your siblings (or their children) will be entitled to your entire estate.

What happens next?

If you have no partner, children, parents, siblings or nieces/nephews, then your entire estate will go to your grandparents, in equal shares.

If you do not have any grandparents, it passes to your uncle or aunt, or their children (your first cousins) if they die before you.

If you have none of these family members alive, then your estate will pass to the WA Government.

Get a Will

That is why it’s a good idea to get a Will. Having a Will makes sure your estate is divided in the manner that you want. You can create a Will online with Estates Plus.