Who inherits without a will in Australia?

In most states the spouse takes the personal belongings and a set amount, then shares the rest with the children, whose share depends on whether the children are also the spouse's.

With no children the spouse usually takes the whole estate, though in some states the parents or siblings take a share.

Children share equally. If there are none, the parents, then siblings, then grandparents, then uncles and aunts. If none, the estate goes to the state.

De facto partners are treated like spouses in most states and territories, after a set time living together or if they have a child.

No state has a forced share, but a spouse, child or dependant who is left out of a will can apply to the court for provision (a 'family provision' claim).

The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.

• The rules, the figures and the order of relatives differ from state to state.

Australia belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the Australia legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Australia? →

• Attorney-General's Department, Australia