Will & Probate: Who will inherit assets if there is no will?

In the absence of a Will or a valid will after the passing of a person, an application for a Grant of Letters of Administration must be made to the Supreme Court. This is typically made by the deceased’s spouse, domestic partner, or closest living relative (referred to as the next of kin). However, this process is primarily coordinated by the court.

If a person dies, then all their assets are left to their partner. However, if there are children and no partner, then all assets are distributed evenly amongst them. If the person has no partner or children, then all the assets go to relatives in this order: Parents, Siblings, Grandparents, Aunts and Uncles, and Cousins.

If you have any questions about how to distribute these assets, please contact us immediately. Our will and probate lawyers are more than happy to answer any related legal questions for you.

Source: https://www.legalaid.vic.gov.au/if-someone-dies-without-will

Disclaimer: The above information is intended to provide general legal knowledge and should not be taken as a response to your specific problem. The law is complex and we strongly advise you to seek professional legal advice. Canaan Lawyers will not be liable for any loss or damage caused by the information contained or omitted in the above information.