The Law Handbook 2024

Chapter 9.4: Estates 915 The distribution of an intestate’s estate to the next of kin under the provisions of the A&P Act for deaths after 1 November 2017. Where the intestate dies leaving: Estate would pass to: a partner, but no child: the partner takes the whole estate a partner and children, and the children are also children of the surviving partner: the partner takes the whole estate a partner and a child (or children) who is not the child of the partner: the partner takes: the personal chattels; the statutory legacy (currently $539,100) plus interest; one half of the balance of the residuary estate; (‘the partner’s share’) and the children of the intestate take the other half of the balance of the estate in equal shares more than one partner, and no children: the partners, in the absence of a distribution order or agreement, share the estate equally multiple partners, and children, of one or more of those partners: the partners, in the absence of a distribution order or agreement, share the estate equally multiple partners, and children that are not the children of one or more of those partners: the partners, in the absence of a distribution order or agreement, share the partner’s share equally among them; and the children of the intestate take the other half of the balance of the estate in equal shares children, but no partners: the children take the whole estate children, deceased children, and children of deceased children, but no partners: the children, with the share of any deceased child to be divided between that deceased child’s children more than one parent, but no partner, child or other issue: the parents equally one parent, but no partner, child or other issue: the parent takes the whole estate more than one sibling but no partner, no child or other issue and no parent: the siblings equally (and if a sibling dies before the intestate, leaving a child, that child takes the deceased sibling’s share and if more than one child, equally) one sibling but no partner, no child or other issue and no parent: the sibling takes the whole estate more than one grandparent, but no partner, no child or other issue, no parent, no sibling and no issue of a sibling: the grandparents equally one grandparent, but no partner, no child or other issue, no parent, no sibling and no issue of a sibling: the grandparent takes the whole estate