The rules of intestacy in Western Australia are set by section 14 of the Administration Act 1903 (WA). They decide who inherits when someone dies without a valid Will. What each relative gets depends on who survived the deceased and on the net value of the estate at the date of death.
Who inherits when a spouse or de facto partner survives?
The surviving spouse or de facto partner takes the household chattels in every case. What they take beyond that depends on who else survived. Work down the table and use the first row that matches.
| Who survived | Entitlements |
|---|---|
| Issue | Spouse: chattels, the first $546,000 and one third of what is left. Issue: the other two thirds. If the deceased left one child, or the children of one child, the spouse takes half of what is left and the child or those children take the other half. |
| Parents and siblings, no issue | Spouse: chattels, the first $815,500 and half of what is left. Parents: $65,500 out of the other half. Whatever remains after that is split, half to the parents and half to the siblings. |
| Parents, no siblings and no issue | Spouse: chattels, the first $815,500 and half of what is left. Parents: the other half. |
| Siblings, no parents and no issue | Spouse: chattels, the first $815,500 and half of what is left. Siblings: the other half. |
| No issue, parents or siblings | Spouse: the whole estate. |
Issue means children and, if a child died before the deceased, that child’s own children, who take between them the share their parent would have taken.
Siblings works the same way, so the children of a sibling who died first take their parent’s share between them.
Household chattels are articles of personal or household use or adornment. The spouse takes them absolutely, on top of everything else.
An example
Harry dies without a Will. He leaves Sally and their two adult children, Adam and Beth. After debts the estate is worth $846,000, not counting the household chattels.
Sally takes the chattels, the first $546,000 and one third of the remaining $300,000, so $100,000. Adam and Beth share the other two thirds and take $100,000 each. Sally is also owed 5% a year on her $546,000, running from the date of Harry’s death until she is paid.
If the estate had been worth $500,000 instead, Sally would take all of it and the children would take nothing.
Who inherits if there is no spouse or de facto partner?
If nobody survives as a spouse or de facto partner, the estate passes down a fixed order of relatives. Work down the table and use the first row that matches.
| Who survived | Entitlements |
|---|---|
| Issue | Issue: the whole estate. |
| Parents and siblings | Parents: the first $65,500 and half of what is left. Siblings: the other half. If the estate is worth less than $65,500 the parents take all of it and the siblings take nothing. |
| Parents, no siblings | Parents: the whole estate. |
| Siblings, no parents | Siblings: the whole estate. |
| Grandparents | Grandparents: the whole estate. |
| Aunts or uncles | Aunts and uncles: the whole estate. |
| None of the above | The Crown, by escheat. |
What if a spouse and a de facto partner both survive?
If the deceased left both a legal spouse and a de facto partner, section 15 divides the spouse’s entitlement between them. How much each of them takes depends on how long the de facto relationship ran. Get legal advice before you distribute anything, because the answer turns on the facts of both relationships.
Which figures apply if the death was earlier?
The figures in the tables above are for a death on or after 5 July 2025. For an earlier death, the fixed sums are listed below.
| Date of death | Spouse, where there is issue | Spouse, where there is no issue | Parents |
|---|---|---|---|
| On or after 5 July 2025 | $546,000 | $815,500 | $65,500 |
| 2 August 2023 to 4 July 2025 | $501,000 | $748,500 | $60,000 |
| 30 March 2022 to 1 August 2023 | $472,000 | $705,000 | $56,500 |
| Before 30 March 2022 | $50,000 | $75,000 | $6,000 |
The whole formula on one page
The flow chart below sets out the same thing visually. Print it or save it if you are working through an estate.
Frequently asked questions
Does a surviving spouse automatically get everything?
No. The spouse takes the whole estate in two situations only. The first is if the net value of the estate excluding the chattels doesn’t reach the threshold. The second is if no issue, parents or siblings survived. Above the threshold and with surviving children, the spouse takes the chattels, the first $546,000 and one third of the rest. The children share the other two thirds.
Do the intestacy rules cover superannuation?
Not directly. Superannuation is held by the fund trustee and does not automatically form part of the estate. Unless there is a binding death benefit nomination, the trustee decides who receives it. The intestacy formula only applies to superannuation assets that are paid to the estate.
Does a de facto partner inherit if there is no Will?
Only if they lived with the deceased as de facto partners for at least two years immediately before the death. Whether they did is a question of evidence that will need to be established to the satisfaction of the Court.
What happens if nobody survives the deceased?
The estate passes to the Crown by escheat. That is rarer than people expect. The formula considers grandparents, then aunts and uncles, then their children before it gets there.
Administering an intestate estate
We act for administrators and beneficiaries in intestate estates, from the application for letters of administration through to distribution. Our fixed prices are published, so you know what it costs before we start.
Call the probate team on (08) 9220 4490 or see our letters of administration page.
Making your own Will
The intestacy rules are a default rather than a plan. See our Wills service or book an appointment.
Related: What does it mean to die intestate?
This article is general information and not legal advice. Obtain advice on the proper beneficiaries before distributing an intestate estate.
