Proposed changes to intestacy provisions – what does it mean?

Substantial changes to the intestacy provisions of the Administration and Probate Act 1958 (Vic) are currently being considered by the Victorian Parliament. If passed, the changes are due to come into effect by 1 November 2017 although this date may change.

The amendments proposed by the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Bill 2016 will affect the distribution of the estate of any person who dies without a Will after the commencement of the amendments. The proposed new law will significantly change how the estate of an intestate person will be distributed depending on what family members survive the deceased.

In summary, if the deceased person is survived by:

• a partner but no children – partner receives the whole estate.
• a partner and children of that partner (but no other children) – partner receives the whole estate.
• a partner and children from another relationship then:
  • The partner receives the personal chattels, the first $451,909.00 (indexed to CPI) and half of the balance of the estate (if any);
  • the children share equally in the remaining half of the balance of the estate (if any).
• children only (but no partner) – the children share equally in the whole estate.

The new law will also provide for how the estate is distributed if a person dies leaving more than one partner (for example an estranged spouse and a de-facto partner).

If the person dies leaving no partner and no children (or other direct descendants) then the distribution is similar to the current provisions.

Everyone’s circumstances are different and the new laws will not result in an appropriate distribution for everyone. Make sure you have a valid Will so that you decide who receives your assets, not the government.