Who inherits without a will in Australia?
In Australia each state and territory has its own rules; the spouse usually takes the whole estate or the larger part, and the children the rest.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
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.
A spouse survives, but no children
With no children the spouse usually takes the whole estate, though in some states the parents or siblings take a share.
No spouse: who comes next
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.
A partner who is not married
De facto partners are treated like spouses in most states and territories, after a set time living together or if they have a child.
What a will cannot take away
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).
If the person or the property is abroad
The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.
What to watch for
- The rules, the figures and the order of relatives differ from state to state.
Understand the legal system first
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? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
