If a person dies intestate, the intestacy legislation determines the distribution of that person’s estate.

In Western Australia, the governing legislation is the Administration Act 1903, which applies to both real estate and the personal estate of the deceased.

De facto partners of any sex now have inheritance rights under the Administration Act 1903 (WA). In order for this to apply you will need to establish that your relationship was a de facto relationship. If you lived as a de facto partner with the deceased for at least two years immediately before their death you are now entitled to share in the estate in certain circumstances.

In Western Australia, the estate of a person who dies intestate may be distributed between:

• the deceased’s spouse (including a spouse, separated spouse and de facto partner);
• the deceased’s children; and
• in some cases, other relatives of the deceased (e.g. parents, siblings, grandchildren, etc).