Inheritance in Queensland comes with its own set of rules and steps that are important to understand, especially when dealing with wills, family members, or estate assets.
Every situation is different. Some involve clear instructions in a will, while others rely on legal processes to determine who receives what. For families, knowing how inheritance works can make a big difference when managing a loved one’s estate or planning ahead.
This guide offers a simple overview of the key parts of inheritance law in Queensland, what to expect, and where to turn for help if things get challenging.
Let’s begin by unpacking what inheritance really means in a Queensland setting and how it works.
Unsure If Your Inheritance Affects a Family Law Case?
Inheritance can complicate divorce, property settlements, and family court matters. Our expert Queensland family lawyers can help you understand your legal position and next steps. Book a consultation now at 07 3447 8966 or head to vmfamilylaw.com.au.
What Is Inheritance in Queensland?
Inheritance, in simple terms, is what happens to a person’s belongings after they pass away. It includes the legal process of passing on their property, money, and possessions to family members or other people named in a will.
In Queensland, this process is governed by the Succession Act 1981 and is handled by the Supreme Court of Queensland when formal steps like probate or letters of administration are needed.
Will vs Intestacy: What’s the Difference?
The outcome of inheritance depends heavily on whether the deceased left a valid will or not.
- With a Will: If a person dies with a legal will in place, the instructions in that will guide who inherits what. The named executor applies for a Grant of Probate and handles the estate administration steps.
- Without a Will (Intestate): If there’s no will, the person is said to have died intestate. In this case, Queensland’s intestacy laws decide how the deceased estate is divided. A family member or close contact must apply for Letters of Administration through the court to manage the estate distribution.
This difference matters.
Having a will often means fewer delays and fewer legal complications. Dying intestate can lead to confusion and even family disputes, especially in blended families or cases involving de facto partners.
Common Types of Inherited Assets in Queensland
When someone passes away, their asset pool might include a range of things. Here are the most commonly inherited items:
- Property: Houses, land, units, investment properties
- Money: Savings, term deposits, cash in bank accounts
- Superannuation: May be paid to a beneficiary or into the estate
- Shares and Investments: Held in personal or joint names
- Vehicles: Cars, motorcycles, boats
- Personal Belongings: Jewellery, furniture, artwork, collectibles
- Trust Interests: Assets held in testamentary trusts
- Rental Income or Income Streams: Ongoing earnings from estate assets
Note: Not everything automatically forms part of the deceased’s estate. For example, superannuation and jointly owned property may pass directly to a surviving person, depending on how they’re set up.
How Inheritance Works in Queensland: Step-by-Step
The inheritance process in Queensland follows a clear legal path. While every estate is different, the same basic steps apply to most cases.
Here’s a simple breakdown of how inheritance typically works, from the moment a person passes away to when their estate is fully distributed.
1. Registering the Death and Locating the Will
The first legal step is to register the death with the Registry of Births, Deaths and Marriages Queensland. This is usually done by the funeral director, but family members can also request the death certificate.
Next, someone must locate the original will, if one exists. This could be kept:
- At home
- With a solicitor
- In a bank safe deposit box
- With the Queensland Public Trustee
If no will can be found, the person is considered to have died intestate, and different rules apply.
2. Probate or Letters of Administration
If there is a valid will, the named executor must apply for Grant of Probate through the Supreme Court of Queensland. This gives them legal authority to manage the deceased estate.
If there’s no will, someone, often the next of kin, applies for Letters of Administration. The court then appoints them as the estate’s administrator.
Both applications can be made through the Queensland Courts and Tribunals Online Services Portal.
3. Paying Debts and Distributing Assets
Before distributing anything, the estate must settle all debts, including:
- Credit cards, personal loans, and mortgages
- Outstanding bills
- Tax liabilities (e.g., capital gains tax, income tax)
Only after debts are cleared can the remaining estate assets be passed on to beneficiaries. This may involve:
- Transferring property titles
- Closing bank accounts
- Selling assets if needed
If the estate includes property, stamp duty (transfer duty) may apply in certain situations.
4. Role of Executors or Administrators
The executor or administrator is the legal personal representative of the estate. Their responsibilities include:
- Valuing assets and liabilities
- Lodging final tax returns for the deceased
- Managing the estate’s trust account, if required
- Communicating with family members and beneficiaries
- Ensuring fair and legal estate distribution
They must also keep records of every action taken during the estate administration steps.
5. Timeline Expectations
Most estates in Queensland take between 6 to 12 months to finalise. Factors that can affect the timeline include:
- Whether probate is needed
- If there’s a valid will
- Complexity of the asset pool
- Any family disputes or Family Provision Claims
- Delays with court or government processing
Some simple estates may be completed in a few months, while others, especially those involving probate litigation, can take longer.
Need Legal Representation in a Will Dispute?
If you’re contesting a will or defending one, you need experienced court representation. Our Queensland family lawyers are ready to stand by your side in the Supreme Court. Speak to VM Family Law on 07 3447 8966 or visit vmfamilylaw.com.au.
Who Inherits When There’s a Will in QLD?
When there’s a valid will in place, inheritance in Queensland follows the wishes set out by the person who has passed away. The will names beneficiaries, outlines what each person should receive, and appoints someone to carry out these instructions.
Legal Requirements for a Valid Will
To be legally valid in Queensland, a will must:
- Be in writing
- Be signed by the person making it (the testator)
- Be signed in front of two witnesses present at the same time
- Be signed by those two witnesses as well
These requirements are set out under the Succession Act 1981 (Qld). If any of these steps aren’t followed, the will may be considered invalid, which can lead to delays and disputes.
How Assets Are Distributed According to a Will
A will can include a mix of:
- Specific gifts: personal items or exact amounts of money
- Conditional gifts: assets that only pass on if certain things happen
- Residual gifts: whatever’s left after all debts and specific gifts are handled
Distribution is based on what’s written in the will, not family rank or entitlement. So long as the will is valid, the named beneficiaries receive the assets listed, even if others might have expected something different.
Next, we’ll look at what happens if there is no will, and how the law decides who inherits instead.
What Happens If There’s No Will in Queensland?
If someone dies without a valid will in Queensland, they’re said to have died intestate. In this case, their estate is not distributed based on personal wishes, but according to the legal rules set out in the Succession Act 1981 (Qld).
Understanding Intestacy
Intestacy means there’s no legal direction for how the deceased’s estate should be shared. A family member, usually a spouse or adult child, must apply to the Supreme Court of Queensland for Letters of Administration.
That person becomes the estate’s administrator.
Who Inherits Under Queensland’s Intestacy Rules?
Inheritance follows a fixed legal formula. The size of the estate and the deceased’s family situation determine who gets what.
Order of Priority for Inheritance
- Spouse or de facto partner – may receive all or most of the estate
- Children – share in the estate if there’s more than one child, or the spouse doesn’t inherit everything
- Parents – inherit only if there’s no spouse or children
- Siblings – come next if parents are also deceased
- Wider family – including nieces, nephews, grandparents, aunts and uncles
- The State – if no relatives can be found, the estate goes to the Queensland Government
These rules apply even if the result seems unfair or doesn’t match what the deceased may have wanted. That’s why making a valid will is so important.
Can You Contest a Will in Queensland?
Yes, you can contest a will in Queensland if you believe you were unfairly left out or not properly provided for. This legal process is called a Family Provision Application, and it must follow the rules set out in the Succession Act 1981 (Qld).
Who Can Challenge a Will?
Only certain people are eligible to contest a will in Queensland. These include:
- Spouse or de facto partner (including same-sex partners)
- Children (including stepchildren)
- Anyone who was financially dependent on the deceased
Legal Grounds for Contesting a Will
A will can be challenged on several legal grounds:
- Inadequate provision – the will didn’t provide proper support for an eligible person
- Undue influence – the deceased was pressured into making unfair changes
- Lack of capacity – the deceased didn’t understand what they were signing
- Fraud or forgery – the will is believed to be fake or tampered with
These challenges usually end up in the Supreme Court, and evidence is required.
Time Limits and the Legal Process
Time is critical. You must:
- Give written notice to the executor within 6 months of the person’s death
- File your court application within 9 months from the date of death
The process usually involves legal negotiations. If no agreement is reached, the matter may go to court for a decision.
Contesting a will can be stressful, especially during a time of grief. Legal advice is strongly recommended if you’re considering a challenge.
Do You Pay Tax on Inheritance in Queensland?
No, there’s no inheritance tax or death duties in Queensland, or anywhere in Australia.
However, that doesn’t mean there are no tax implications for beneficiaries. While the inheritance itself isn’t taxed, you might still face capital gains tax (CGT) if you later sell inherited assets like property or shares.
Also, if you receive rental income, dividends, or ongoing income streams from the estate, that income must be declared in your personal tax return.
Beneficiaries don’t usually have to pay tax on the money or items they inherit directly. However, they should get financial advice to understand any future obligations, especially when it comes to superannuation payouts, trust income, or selling estate assets.
The estate itself may also need to lodge a final tax return for the deceased before distribution.
Trying to Keep the Peace Over a Loved One’s Estate?
Our team at VM Family Law helps families resolve estate disagreements through family law mediation, a calm, private way to sort out inheritance fairly. Trusted support from local Queensland family lawyers. Reach us today at 07 3447 8966 or visit vmfamilylaw.com.au to chat with our lawyers.
Frequently Asked Questions (FAQs)
How do you receive money from an inheritance?
You’ll usually receive inherited money after the executor finalises the estate, pays off debts, and gets approval (like probate or letters of administration). Funds are then transferred directly to beneficiaries listed in the will or under intestacy rules.
Is there a 7-year inheritance rule in Australia?
This rule doesn’t apply in Australia. It’s a UK tax rule relating to gifts before death. In Australia, there’s no inheritance tax, so this time-based rule isn’t relevant.
Is my husband entitled to half my inheritance in Australia?
Not automatically. Inheritance is usually treated as separate property, but it can become part of the asset pool in a property settlement, especially during divorce or separation. The Family Court considers how the inheritance was used.
Do you pay tax on inheritance in QLD?
No, there’s no inheritance tax in Queensland. But capital gains tax, income tax, or superannuation tax might apply depending on how the inherited assets are used or sold.
Can a de facto partner inherit in Queensland?
Yes, de facto partners have the same rights as married spouses under Queensland law. They can inherit under a will or be recognised under intestacy laws if no will exists.
What happens to jointly owned property when one owner dies?
If property is owned as joint tenants, the surviving owner automatically receives the deceased’s share. It doesn’t go through the estate.
Can a will be changed after someone dies?
No, a valid will can’t be changed. But family members can contest it or apply for a Family Provision Claim if they believe they were unfairly left out or not properly provided for.
Final Thoughts
Sorting out inheritance is something many families in Queensland will face at some point, whether it’s managing a loved one’s estate or planning ahead with a will. Inheritance can also affect other legal matters like property settlement during a separation or lead to family disagreements over who should receive what.
That’s where getting the right help really matters.
Our experienced Queensland family lawyers, serving Brisbane and the greater Queensland area, support clients with inheritance disputes, estate planning, and family dispute resolution. We also help with how inheritance fits into property settlements, especially when there’s a divorce or de facto separation involved.
Call VM Family Law on 07 3447 8966 or visit vmfamilylaw.com.au to book a consultation. We’re here to help you move forward with clarity and peace of mind.
