Frequently Asked Questions

Q: What are spouses entitled to if a person has died without a will?

In the event that the person who is deceased has a spouse but no children, the spouse may be entitled to the whole estate of the deceased.

If the deceased leaves both a spouse and children behind, and the children are the children of the spouse, it is the spouse who may be entitled to the whole estate.

Using the Succession Act 2006 (NSW) (the Act) as our statutory example, if the deceased leaves behind a spouse and children, but the children are not the children of the spouse, the spouse may be entitled to:

·         the personal effects of the deceased;

·         a statutory legacy of a statutory amount, adjusted for CPI plus interest;

·         one half of any remainder.

In the event that the deceased had multiple spouses, there may be another set of considerations in how the estate is to be distributed.



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