Example of operation of rules of intestacy

The intestacy rules vary depending upon the relatives who survive the person in question.

By way of example, if a person dies leaving a husband or wife and issue and the net value of the property (other than household chattels) exceeds the sum of $50,000 then the rules of intestacy provide that:

  • the surviving husband or wife shall be entitled, absolutely, to all household chattels included in the intestate property;
  • the surviving husband or wife shall (in addition to the household chattels) be entitled to the sum of $50 000, absolutely, together with interest on that sum;
  • the surviving husband or wife shall be entitled to one third of the remainder; and

  • the children shall be entitled to share the other two thirds.

This is the main rule and it is subject to more specific rules about issue who are entitled to share and how that share is determined.  If the issue is one child or the issue of one child, then the split of one third/two thirds changes to one half/one half.