Answer by Neha Sharma, Hillsdale 2036 NSW

• In NSW and most other states and territories this depends on who your beneficiaries are. If you are leaving behind dependent spouses or children this will be very different to a situation where all of your children are grown up and you have no spouse.
• For example if you died leaving behind a spouse and no children of that relationship then your spouse will inherit the whole intestate estate.
• If you died leaving behind a spouse and children then the entire estate goes to your spouse as it is assumed that they will provide for the children of your relationship.
• If you die leaving behind a spouse and children from another relationship the estate is divided according to a specific formula stated under the law. Your spouse receives a statutory legacy (specified amount of money) as provided under the law as well as your personal effects and half of the remainder of the estate. Your children receive the remaining part of the estate to share equally. If there is not enough value in your estate to satisfy the statutory legacy then your spouse will receive the whole estate and your children will have nothing.
• If you die leaving behind multiple spouses then the estate is divided either in accordance with a written agreement made among your spouses, in accordance with a court order or equally.
• If you have no spouse (including a de facto partner) and no children:
  • your estate will go to your parents; or
  • if your parents are also dead your estate will go to your brothers and sisters; or
  • if you have no surviving siblings your estate will go to your aunts and uncles; or
  • if you have no next of kin your estate will go to the state or territory in which you live.
• If you have any specific wishes as to whom your estate should be distributed after you die then you are strongly advised to engage a lawyer who can assist you.