top of page

TAX TIP #48: | IMPORTANCE OF WILLS | INTESTACY

Writer: Trung VuTrung Vu

Updated: Feb 7, 2024

Facts

Mum and Dad have separated and completed their matrimonial property settlement in Court.

 

Mum passes away, leaving her house to their Daughter in her Will.

 

The Daughter passes away suddenly, without a Will (intestate). The Daughter had no spouse or children upon her death and was survived by her Dad and Brother.

 

Question

Upon the Daughter's passing, who will be her beneficiary? 

 

Answer

Dad

 

Tax Tip

 

Schedule 2 of the Succession Act 1981 (Qld) provides that where an intestate (a person who passes away without a Will) is not survived by any spouse or children, the parent(s) are entitled to the whole of the residuary estate in equal shares, or the survivor of them will receive the whole estate.

 

In this case, as Mum has passed away, Dad who is the surviving parent will be entitled to the Daughter's whole estate.

 

It is important to note that Mum and Dad have separated and completed their matrimonial property settlement, which means it is highly likely that Mum would not have intended for Dad to be entitled to the house which she left for her Daughter.

 

The Brother has no legal entitlement to the estate under Queensland legislation in this case. 

 

Thus, it is vital for each individual to have prepared a Will and have it updated as circumstances change, to avoid assets being distributed to unintended beneficiaries.

If you would like to receive up to date tax tips directly to your email, subscribe below. 


Recent Posts

See All

Comments


Addresses:
Level 34, 1 Eagle St, Brisbane QLD 4000

​Level 13, 111 Elizabeth Street Sydney NSW 2000

Contact:

Email: hello@lgalawyers.com.au

Telephone: (07) 3184 9196 or (02) 9188 9625

  • White LinkedIn Icon

Individual liability limited by a scheme approved under Professional Standards Legislation.

bottom of page