14/10/2026
Intestacy in Queensland: What Happens When You Die Without a Will
When someone dies without a valid will in Queensland, they've died intestate. Rather than the deceased's wishes deciding who inherits, a fixed statutory formula in the Succession Act 1981 (Qld) does β and it may not match what the person would have chosen. This guide explains who inherits under Queensland's intestacy rules, who can apply to administer the estate, and how to avoid intestacy altogether.
What Does "Intestate" Mean?
A person dies intestate if they die without a valid will at all, or if their will doesn't deal with their entire estate (a "partial intestacy"). Common causes include:
β’ Never making a will in the first place.
β’ A will being found invalid β for example, it wasn't signed and witnessed correctly, or the will-maker lacked testamentary capacity.
β’ A will being revoked (including automatically, in some cases, by marriage) without a new one being made.
β’ A will that doesn't cover all of the deceased's assets, leaving the remainder to be distributed under the intestacy rules.
π Read our latest blog to learn when seeking legal assistance is crucial:
Intestacy in Queensland: Dying Without a Will
π Get in touch today for reliable probate guidance in QLD.
Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au