The laws for Victoria regarding wills and inheritance are as follows: (as of 2015)
NOTE: Victorian inheritance law has been going through some changes, so please make sure you get legal advice before making important decisions.
Spouse or Domestic Partner
The first person in line is your spouse (married) or de facto domestic partner of either gender. This person must have lived with the deceased at the time of their death, and for at least two years continuously prior, or have the deceased’s child. If there are children, then this payment is also split, otherwise the partner gets everything.
If per chance the deceased has two partners – a legal spouse (separated) and a de facto partner – the assets are split according to a specific formula:
Time lived together before death Spouse/De facto
- >4 years (unless parent) to
- >4 years but
- >5 years
- >6 years — 0% 100%
For deaths prior to November 2001 ‘partner’ only includes a married spouse.
Children (issue)
Second in line are the deceased’s children, usually described as ‘issues’ in wills.
If a partner and child or children exist, and the following formula is followed:
Personal belongings and $100,000 go to the partner, with 4 per cent per year from the date of death to payment, and 1/3 of the balance goes to the spouse, and 2/3 is divided as above.
If only children survive
The deceased, the assets are split evenly between them. This does not usually include step-children unless otherwise specified.
The hierarchy is as follows:
Children of deceased
Grandchildren
Where only children survive:
To children in equal shares.
Where children and children of deceased child survive:
Equal shares to all children [and deceased children with issue] – per stirpes* to grandchildren.
Where only grandchildren survive:
Equal shares to grandchildren.
Where grandchildren and children of deceased grandchild survive:
Equal shares to all grandchildren (and deceased grand-children with issue) – per stirpes to great-grandchildren.
Parents Where parent(s) survive (no spouse, issue):
Equal shares to as many as survive.
Brothers & Sisters, Children of deceased siblings
Where siblings survive (no spouse, issue, parents, and no siblings with issue predeceased):
Equal shares to siblings.
Where siblings and children of deceased siblings survive (no spouse, issue, parents):
Equal shares to all siblings (and deceased siblings with issue) – per stirpes to nieces/nephews.
Grandparents where grandparent(s) survive (no spouse, issue, parents, siblings or children of deceased siblings):
Equal shares to all grandparents.
Aunts & Uncles, Great-Grandparents, Nieces & Nephews
Where aunts, uncles, great-grandparents or children of predeceased siblings survive:
Equal shares to those in this class who survive.
First cousins, Great Nieces and Great Nephews
Where first cousins survive:
Equal shares to those in this class who survive.
First cousins (once removed)
No surviving first cousins
Locate children of first cousins (first cousins once-removed) and the cousins of parents (first cousins once-removed). Equal shares to all.
*Per stirpes means to equally divide the share their deceased parent would have inherited if they had survived.
Important Note: This list is a guide only and although all care is taken to have up-to-date information, it is not guaranteed to be complete. Please check with your financial adviser, legal representation or local government before making plans.