What happens if I die without a Will?

If a person who lives in Tasmania dies without a Will, (referred to as intestate), their entire Estate will be distributed as determined by Tasmanian law and administered by someone appointed by the Court (usually a family member).
If a Tasmanian dies intestate, the law directs the distribution of the Estate, below is an example of the order of distribution.

If the Estate is valued at less that $50,000 it passes entirely to the spouse or partner*

  • If the Estate is valued at more that $50,000 it passes:
    1. First $50,000 to the spouse or partner
    2. 1/3 of the balance over $50,000 to the spouse or partner
    3. 2/3 of the balance to the children or their descendants
      *(see Wills and relationships)

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