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What are the rules of intestacy in Western Australia?

A person who dies without leaving a valid Will is said to have died intestate.

Where a person dies intestate, section 14 of the Administration Act 1903 (WA) sets out the formula for dividing the deceased’s estate among their surviving family members.  Any one or more of the adult beneficiaries of the estate are entitled to apply for a Grant of Letters of Administration.

Rules of intestacy WA

The following table sets out some common scenarios, but it is not legal advice.  You should consult a lawyer to obtain advice as to the proper beneficiaries before making any distributions of an intestate estate.

Surviving family members Entitlements on intestacy

Spouse or defacto partner

Issue (children and grandchildren)

Parents

Siblings

 

✔

n/a

n/a

Issue entitled to the whole estate.

✔

✔

n/a

n/a

Spouse entitled to household chattels, first $50,000 and one third of the remainder.

Issue entitled to two thirds of the remainder.

If only one child, spouse entitled to half of remainder and child entitled to half.

✔

✔

✔

Spouse entitled to household chattels, first $75,000 plus one half of the remainder.

Parent(s) entitled to next $6,000 and one half of the balance then remaining.

Sibling(s) or children of deceased sibling(s) entitled to one half of the balance then remaining.

✔

✔

Spouse entitled to household chattels, first $75,000 plus one half of the remainder.

Sibling(s) or children of deceased sibling(s) entitled to one half of the remainder.

 

✔

Spouse entitled to the whole estate.

✔

✔

Parent(s) entitled to first $6,000 and one half of the remainder.

Sibling(s) or children of deceased sibling(s) entitled to one half of the remainder.

✔

Parent(s) entitled to the whole estate.

✔

Sibling(s) or children of deceased sibling(s) entitled to the whole estate.
Rules of intestacy wa
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