How is the deceased's estate distributed?
The ADMINISTRATION ACT 1969 sets out the rules of intestacy, which state who will receive the property. Generally the property goes to family members, as follows -
If the deceased had a husband or wife or a civil union or de facto partner, but no surviving parents or direct descendants, the spouse or partner will get all of the estate.
If there is a spouse or partner and also direct descendants, the spouse or partner will receive all the personal chattels, the first $121,500 of the estate and a one-third share of the remaining property. The other two thirds go to the direct descendants.
If there is a spouse or partner, no direct descendants but surviving parents, the spouse or partner receives all the personal chattels, the first $121,500 of the estate and two thirds of the remaining property, with one third going to the surviving parents.
If there are direct descendants but no husband or wife or civil union or de facto partner, the estate goes to the direct descendants.
If the deceased did not have a surviving spouse or partner nor any direct descendants, the deceased's parents will receive the whole estate.
If there are no parents, the deceased's brothers and sisters or their direct descendants receive the estate.
If there are no brothers and sisters, nor any of their descendants, the estate is shared between grandparents or, if none, aunts and uncles.
If none of these parties exist, the Crown will receive the property.作者: purpleapple 时间: 2014-3-3 19:06:12