Assisting Australia In Tracing Next Of Kin

Heir tracing experts

Driven by strong immigration and an ageing population, the need for heir tracers like Blanchards International more vital than ever. With more than half of Australian adults without a valid will and countless estates defaulting to public trustees, the demand for expert, ethical heir tracers continues to grow.

Throughout the years, Blanchards International have accumulated a wealth of experience solving cases worldwide. Due to our British roots and the volume of expats, Australia has always been at the forefront of our international endeavours. We have traced Australian heirs and handled entire estates, leaving us as highly expert Heir Tracers in Australia. As member of the International Association of Professional Probate Researchers, Blanchards International are a company to trust.

Australian Intestacy laws

Intestacy refers to the legal situation that arises when a person dies without a valid will, or when their will does not dispose of all their assets. In that case, the person is said to have died “intestate.” When intestacy occurs, the person’s estate (their property, money, and possessions) is distributed according to a set of default rules laid down in state or territory legislation — rather than according to the person’s personal wishes.

Australian Order of Distribution 

While the details of intestacy laws differ between Australian states and territories, most jurisdictions follow a similar general order of distribution. The surviving spouse or de facto partner usually receives the majority, or in some cases all, of the estate—particularly if there are no children. If there are children, the spouse may instead receive the deceased’s personal effects (such as household items and vehicles), a statutory legacy (a fixed monetary amount that is indexed for inflation), and a share of the remaining estate. If there is no surviving spouse, the estate passes equally to the deceased’s children, and if any child has predeceased the intestate but left children of their own (the deceased’s grandchildren), that share usually passes to them. In the absence of a spouse or children, the estate goes to the parents equally. If no parents survive, it passes to the brothers and sisters of the deceased, or to their children if they are also deceased. If no siblings survive, the estate is distributed to the grandparents, and if there are no surviving grandparents, it goes to the aunts and uncles, or to their children (the deceased’s cousins) if they have passed away. Finally, if no living relatives can be found, the estate passes to the State or Territory government, a process known as bona vacantia.

Key points to consider:

• If survived by spouse only: spouse receives the entire estate.
• If survived by spouse and children (all from that spouse): spouse still receives the entire estate.
• If survived by spouse and children from another relationship: spouse gets personal effects, a statutory legacy (around $490,000, indexed), and half of the remainder; the children share the other half.
• If no spouse or children: to parents → siblings → grandparents → aunts/uncles → cousins → State of NSW.