When someone passes away without leaving a valid will, they are considered to have died intestate. In Western Australia, the Administration Act 1903 (WA) sets out strict rules about how the estate is shared. Understanding who is eligible to inherit is important for families, especially during an already stressful time. Many people contact an Intestacy Lawyer in Perth to help them understand their rights and responsibilities.
Below is a clear, simple explanation of how intestacy works in WA and who may inherit.
What Is Intestacy?
Intestacy happens when a person dies without a legally valid will. This can occur if:
- They never wrote a will
- Their will was not properly signed or witnessed
- Their will was lost or destroyed
- Only part of the estate is covered by the will (partial intestacy)
In these situations, the estate must be distributed according to WA intestacy rules, not based on family wishes or verbal promises. The law decides who inherits and how much.
Why Intestacy Rules Exist
The purpose of intestacy laws is to make sure a person’s assets go to their closest family members when there is no will. These laws follow a standard structure based on relationship and dependency.
Although the system aims to be fair, it may not reflect the deceased person’s actual wishes. This is why many families seek advice from deceased estate lawyers perth to understand options and obligations.
Who Can Inherit Under WA Intestacy Rules?
Eligibility to inherit depends on the family members who survive the deceased. Below is a breakdown of who may be entitled.
1. The Spouse or De Facto Partner
In WA, a spouse or de facto partner has strong inheritance rights under the intestacy law. The partner may be entitled to:
- A statutory legacy (a fixed amount set by law)
- Household chattels
- A share of the remaining estate
If the deceased leaves no children or parents, the spouse generally receives the entire estate.
WA recognises de facto partners who lived with the deceased in a marriage-like relationship for at least two years or had a child together.
2. Children
Children are next in line to inherit if the deceased leaves a spouse or partner. If there is:
A spouse and children
The estate is shared between the spouse and the children based on set percentages.
No spouse but children
Children inherit the whole estate equally.
Adopted children
Adopted children have the same rights as biological children.
Stepchildren
Stepchildren do not automatically inherit under intestacy laws unless they were legally adopted.
3. Parents
If the person who died has no spouse and no children, the estate passes to their parents equally. This is common in cases where young, single adults pass away without a will.
4. Siblings
If there is no spouse, no children, and no parents, the deceased person’s siblings can inherit. Full siblings and half-siblings are treated equally under WA intestacy law.
5. Extended Family
If none of the above relatives are alive, the estate may pass to:
- Grandparents
- Aunts and uncles
- First cousins
The order of eligibility is very structured. Each level of relatives only inherits if no one exists in the previous category.
6. The Crown (State of WA)
If someone passes away with no eligible relatives at all, the estate goes to the State of Western Australia. This is rare, but it can happen.
Special Considerations Under WA Intestacy Laws
WA intestacy rules include several unique points that families should be aware of. These can affect how the estate is shared.
Multiple Spouses
WA is one of the few states that recognises the possibility of two de facto partners if both relationships were genuine. In this situation, the partners may share the spouse’s entitlement.
This situation can be emotionally and legally complicated, so families often rely on estate lawyers perth for guidance.
Children from Different Relationships
When the deceased has children from different partners, intestacy distribution can become complex. All children have equal rights, regardless of their parentage.
The surviving spouse may receive a fixed statutory amount, and the remainder is divided among the children.
Illegitimate Children
WA law treats all children equally. A child’s eligibility does not depend on whether their parents were married.
Separated but Not Divorced Spouses
A married couple who are separated (but not legally divorced) is still considered married under intestacy rules. This means:
- The separated spouse may inherit
- A new de facto partner may also have a claim
This situation often requires legal advice from an Intestacy Lawyer in Perth.
Why Families Often Need Legal Assistance
Intestacy rules can be confusing, especially when there are blended families, multiple partners, or disagreements among relatives. An intestate estate must go through probate and requires an administrator to manage the process.
Working with deceased estate lawyers perth can help with:
- Understanding legal rights
- Applying for Letters of Administration
- Handling disputes
- Ensuring proper distribution
Final Thoughts
Dying intestate can create challenges for families, especially if there are complex relationships or unclear family structures. Western Australia’s intestacy rules follow a strict order of eligibility, starting with spouses and children, then parents, siblings, and extended relatives.
Understanding these rules helps families know what to expect and ensures that the estate is administered correctly. Whether you are dealing with a recent death or planning for the future, speaking with an Intestacy Lawyer in Perth can make the process much easier.
