No, a spouse does not automatically inherit everything in Australia if you pass away without a valid will.

While spouses are often given priority in inheritance laws, the outcome depends on factors such as whether you have children, stepchildren, or other surviving family members.

Understanding how these laws apply can help you plan your estate effectively.

What Happens If You Die Without a Will?

When someone dies without a valid will, their estate is distributed according to intestacy laws.

In Australia, these laws vary slightly between states and territories, but the general principles are similar.

If you die intestate (without a will), your spouse will usually inherit a significant portion of your estate.

However, they may not automatically receive everything, particularly if you have children from a previous relationship or other surviving family members.

Key Takeaway: Without a will, your spouse may not receive your entire estate, especially if you have children or other close relatives.

How Is Your Estate Distributed Without a Will?

The distribution of your estate depends on your family situation. Common scenarios include:

1. Spouse Only (No Children or Other Relatives)

If you are married or in a de facto relationship with no children, your spouse will typically inherit your entire estate.

2. Spouse and Children (All Children from the Same Relationship)

If you have children with your spouse, your spouse will generally inherit your entire estate.

3. Spouse and Children from a Previous Relationship

If you have children from a different relationship, your estate will usually be divided. Your spouse may receive a set portion of the estate (which varies by state) plus a share of the remaining assets. The remainder is then divided among your children.

4. Spouse and Other Surviving Family Members

In some cases, if you have no children but other surviving relatives (such as parents or siblings), they may receive a portion of your estate alongside your spouse.

Key Takeaway: The presence of children, stepchildren, or other relatives can impact how your assets are distributed.

What Happens to Jointly Owned Property?

Assets that you own jointly with your spouse — such as a home or joint bank accounts — typically pass directly to your spouse. This occurs outside of the estate and isn’t governed by intestacy laws.

For example, if you own a home as joint tenants, your spouse will automatically inherit your share of the property.

However, if the property is owned as tenants in common, your share becomes part of your estate and is distributed according to intestacy rules or your will.

Key Takeaway: Jointly owned assets often pass directly to your spouse without the need for legal intervention.

What About Superannuation and Life Insurance?

Superannuation and life insurance policies are generally not covered by your will unless you have nominated your estate as the beneficiary.

Instead, these funds are distributed based on your nominated beneficiary or the superannuation fund’s discretion.

If your spouse is listed as your beneficiary, they will receive your superannuation or life insurance payout directly. Without a valid nomination, the fund trustee may decide how these benefits are distributed.

Key Takeaway: Superannuation and life insurance are not automatically included in your estate, so it’s important to nominate beneficiaries.

De Facto Partners and Inheritance Rights

In Australia, de facto partners generally have the same inheritance rights as legally married spouses.

To qualify as a de facto partner, you must typically demonstrate a committed relationship and evidence of shared finances, property ownership, or joint responsibilities.

If your relationship isn’t legally recognised, your partner may need to provide additional proof in court to claim their inheritance.

While a spouse often inherits a significant portion of your estate, they do not automatically receive everything in Australia if you die without a will.

Factors like children from previous relationships, shared assets, and nominated beneficiaries all influence how your estate is divided.

By preparing a clear and legally valid will, you can ensure your spouse receives what you intend.

What Happens If There’s More Than One Eligible Beneficiary?

You might assume that your spouse will receive everything if you pass away, but this isn’t always the case—especially if you have children from a previous relationship or other close family members.

In Queensland, if someone dies intestate (without a valid will), the estate is generally distributed based on a fixed legal formula.

This often means that the spouse shares the estate with the deceased’s children.

For example, your spouse may receive a set statutory amount first, and any remaining balance of the estate is split between the spouse and children.

If you have a blended family or complicated relationships, this type of distribution may not reflect your actual wishes.

This is one reason why working with wills and estates lawyers Brisbane families trust can help you plan ahead with confidence.

How Superannuation Is Treated

Superannuation doesn’t automatically form part of your estate unless you’ve made specific arrangements.

In many cases, super funds are distributed based on a binding death benefit nomination. If no binding nomination is in place, the fund trustee decides who receives the benefit.

This could be your spouse, children, or someone else who can demonstrate financial dependence.

If you’re the one left behind, this process can be confusing—especially if you expected to receive your partner’s superannuation. To avoid this uncertainty, it’s important to ensure superannuation is properly accounted for when planning an estate.

Wills and estates lawyers Brisbane locals regularly consult with can assist in setting up clear nominations and reviewing your broader estate strategy.

Inheritance Rights for De Facto Spouses

If you’re in a de facto relationship, you may still have inheritance rights—but you’ll likely need to prove your relationship existed at the time of death.

This can be particularly difficult if your relationship wasn’t widely known, or if other family members dispute your claim.

Factors such as joint finances, shared living arrangements, and how long you lived together can all be relevant.

If you find yourself in a situation where you need to prove your entitlement, it’s best to act quickly and get legal advice.

Wills and estates lawyers Brisbane clients rely on can guide you through the evidence required and help you file a claim, if necessary.

How to Contest an Estate if You’ve Been Left Out

Being left out of a will—intentionally or not—can come as a shock. However, certain people (including spouses, de facto partners, and children) can apply to contest the will under what’s called a “family provision claim.”

This involves asking the court to award you a share of the estate, based on your financial needs and relationship with the deceased.

It’s important to note that these claims must usually be made within a set period of time after the death—often within six to nine months, depending on the state.

If you’re in this situation, getting advice early from wills and estates lawyers Brisbane professionals can help you understand your options and meet the legal deadlines involved.

Jointly Owned Property and Survivorship

Not all assets pass through a person’s will. Property that is jointly owned as “joint tenants” will typically transfer automatically to the surviving co-owner.

This includes homes, bank accounts, and sometimes vehicles. On the other hand, property owned as “tenants in common” is treated differently—it becomes part of the estate and is distributed according to the will or intestacy rules.

Understanding how your assets are legally owned is just as important as writing a will. If you’re unsure whether you and your spouse hold property as joint tenants or tenants in common, a legal professional can help you clarify this and make adjustments if needed.

The Value of Planning Ahead

If you’re reading this because you’re worried about your partner’s or your own future estate planning, you’re already taking a helpful step forward.

The reality is that no two families are exactly alike, and standard inheritance laws may not reflect your personal situation.

Working with wills and estates lawyers Brisbane residents trust allows you to prepare a will that fits your unique circumstances.

Whether you want to provide for your current spouse, protect children from previous relationships, or ensure your assets go to the right people, legal advice can offer peace of mind and reduce the risk of disputes later on.