Finder makes money from featured partners, but editorial opinions are our own.
What happens if you die without a will in Victoria?
If you die without a will in Victoria and don't have a partner who you live with, any children you have will be next in line to inherit. Otherwise your assets go to the State of Victoria.
If someone dies without a will, then they have died "intestate". This means that the assets of the person who has died are handled by the state government. When this happens, there are laws in place, with a clear order of operations for inheritance, to make sure descendants and partners can get the assets to which they are entitled.
Here's what'll happen if you die without a will in Victoria.
Dying without a will in Victoria
If you die without a will in Victoria, in legal terms your death is classed as intestate. What this means is that your assets, debts and possessions are not distributed as you may have hoped, but instead according to a legal formula created by the Victorian government. If this occurs to you or a close loved one, then you – or a lawyer on your behalf – will need to submit an application for a Grant of Letters of Administration. In most cases, the grant goes to the deceased's next of kin – usually their spouse or child.
You don't need a lawyer to write a will, though it is recommended. You can find out more about how to write a will here.
Intestacy rules in Victoria
In Victoria, if all of a person's property is not disposed of by a will when they die, they leave what is referred to as "intestacy". This is often what happens if you die without a will, your will is not valid or your will only disposes of some of your assets. In Victoria, the deceased person's assets usually go to the next of kin, but if they don't have a partner, child or any other relative, their assets go to the State of Victoria.
If there's no will, who inherits the estate?
The first people who get taken care of, both by a will and by intestate assets, are people who are owed money. All debts need to be repaid including the following:
Debts to any financial institutions or other lenders
Any outstanding administrative or legal expenses.
After this, any assets listed in a will are distributed as specified. Anything not mentioned in a will is then distributed according to the intestate laws.
What kind of assets get passed on?
Assets that can be passed on from a deceased estate include:
Real estate, for example any property or land owned by the deceased
Money in bank accounts
Shares, for example investments in stocks
Personal possessions
Income, for example active income, passive income and portfolio income
Will my spouse automatically inherit everything in Victoria?
Yes. In Victoria the spouse or de facto partner automatically inherits the whole estate. If there were also children from another relationship then some of the estate may go to those children, depending on how much money was left behind. This only happens if there is still around $500,000 in the estate after all debts and funeral expenses have been paid.
If the deceased had no will and no partner, the estate will be distributed to relatives in this order:
Parents
Siblings
Grandparents
Uncles and aunts
Cousins
If there are no living relatives found, the estate will pass to the state government. These rules applies to anyone who died after November 2017.
In order to properly distribute assets, someone needs to be appointed as an estate administrator. This person is responsible for making sure the estate is distributed correctly in line with the rules set out above. To become an estate administrator, you will need to apply for a grant of administration from the courts. This is essentially a notice which lets you withdraw the deceased's funds from banks, pay back creditors on their behalf and otherwise manage the finances as needed.
Generally, the only people who can get a grant of administration are those who have good reason to get one, such as a lawyer hired by an inheritor or someone in line to get a portion of the estate.
Applications need to include detailed information about the estate, and the administrator will have to do a lot of groundwork before they can get access to the deceased's property in order to distribute it. Unless you're confident in the application process and your ability to track down any eligible inheritors, it's generally a good idea to use a lawyer.
How to apply for a grant
In order to get a grant of administration, you will need to prove that you have satisfied all of the following steps. A wills lawyer can do the following on your behalf.
Conduct a search for a will
You still need to do this even if the deceased has said there isn't one. Check all their papers, their bank, any solicitors or accountants they might have used and any likely trustee companies. Your search should also be publicised.
Get certificates
Get a death certificate and proof of your relationship to the deceased.
Lay out entitlements
Your application needs to outline who is entitled to a share of the assets under intestate law in Victoria.
Advertise your intention to apply
You need to advertise your intention to apply for a grant of administration on the state registry. It will take at least two weeks before you hear back. This is so other people with an interest in the estate, such as creditors and other eligible relatives, have an opportunity to get involved.
File the paperwork
After these steps, you can file an application for a letter of administration.
Why you can trust Finder's life insurance experts
We're free
You pay the same as buying directly from the life insurer. Better still, we regularly run exclusive deals that you won't find on any other site – plus, our tables make it easy to compare policies.
We're experts
Our team of life insurance experts have researched and rated dozens of policies as part of our Finder Awards and published 250+ guides to make it easier for you to compare.
We're independent
Unlike other comparison sites, we're not owned by an insurer. That means our opinions are our own and we work with lots of life insurance brands, making it easier for you to find a good deal.
We're here to help
Since 2016, we've helped 270,000+ people find life insurance by explaining your cover options, simply and clearly. We'll never ask for your number or email. We're here to help you make a decision.
Gary Ross Hunter is an editor at Finder, specialising in insurance. He’s been writing about life, travel, home, car, pet and health insurance for over 6 years and regularly appears as an insurance expert in publications including The Sydney Morning Herald, The Guardian and news.com.au. Gary holds a Kaplan Tier 2 General Advice General Insurance certification which meets the requirements of ASIC Regulatory Guide 146 (RG146).
Life insurance can be bought directly from an insurer. Learn about the benefits and a few watch outs you should be aware of.
Feedback
How likely would you be to recommend finder to a friend or colleague?
0
1
2
3
4
5
6
7
8
9
10
Very UnlikelyExtremely Likely
Required
Thank you for your feedback.
Our goal is to create the best possible product, and your thoughts, ideas and suggestions play a major role in helping us identify opportunities to improve.
Important information about this website
finder.com.au is one of Australia's leading comparison websites. We are committed to our readers and stands by our editorial principles
We try to take an open and transparent approach and provide a broad-based comparison service. However, you should be aware that while we are an independently owned service, our comparison service does not include all providers or all products available in the market.
Some product issuers may provide products or offer services through multiple brands, associated companies or different labeling arrangements. This can make it difficult for consumers to compare alternatives or identify the companies behind the products. However, we aim to provide information to enable consumers to understand these issues.
We make money by featuring products on our site. Compensation received from the providers featured on our site can influence which products we write about as well as where and how products appear on our page, but the order or placement of these products does not influence our assessment or opinions of them, nor is it an endorsement or recommendation for them.
Products marked as 'Top Pick', 'Promoted' or 'Advertisement' are prominently displayed either as a result of a commercial advertising arrangement or to highlight a particular product, provider or feature. Finder may receive remuneration from the Provider if you click on the related link, purchase or enquire about the product. Finder's decision to show a 'promoted' product is neither a recommendation that the product is appropriate for you nor an indication that the product is the best in its category. We encourage you to use the tools and information we provide to compare your options.
Where our site links to particular products or displays 'Go to site' buttons, we may receive a commission, referral fee or payment when you click on those buttons or apply for a product. You can learn more about how we make money.
When products are grouped in a table or list, the order in which they are initially sorted may be influenced by a range of factors including price, fees and discounts; commercial partnerships; product features; and brand popularity. We provide tools so you can sort and filter these lists to highlight features that matter to you.
Please read our website terms of use and privacy policy for more information about our services and our approach to privacy.
