Government Windfall: Who Gets the Estate if a Person Dies Without a Will or Beneficiaries
It’s a scenario that sounds like the plot of a mystery novel: a person passes away, and despite their years of hard work, no Will is found. Most people assume that if there’s no immediate family, the assets just vanish, or the person’s best friend might eventually get the keys to the house. The reality is quite different.
Recently, there has been a lot of talk about the “Government Windfall” – the millions of dollars in deceased estates in QLD that end up sitting in government accounts. But how does a life’s work end up in the hands of the state, and is there a way to find it if you think you’re an heir?
The List of Possible Heirs: The Order of Priority
When someone dies without a Will – known as dying “intestate” – the law doesn’t just hand the money to the government immediately. There are strict legal intestacy rules that must be followed. For instance, the Public Trustee of QLD or a court-appointed administrator must look for relatives in this specific order:
Spouses and de facto partners (who have lived together for at least two years and were partners at the date of death).
Biological and adopted children and their descendants.
Parents.
Siblings, then nieces and nephews.
Grandparents.
Aunts, uncles, and first cousins.
Crucial Insight: If none of these relatives are found, the search stops. The law in Queensland doesn’t recognise relatives more remote than first cousins. At this point, the estate becomes another entry in the Queensland Treasury’s unclaimed assets.
The Step-Child Trap: A Legal Blind Spot
One of the most heart-wrenching “windfall” scenarios involves step-children. Under Queensland’s intestacy rules, step-children are not recognised as heirs. If their biological parent died before the step-parent, and that step-parent dies without a Will, the estate could go to a distant cousin the deceased hadn’t spoken to in years – or even to the government – leaving the step-children with nothing.
While step-children can sometimes lodge a “Family Provision Application” to claim from the estate, this is a complex court process. Without a Will, step-children are essentially invisible to the standard law.
The Executor’s Duty: The Hunt for Missing People
If you are an executor or administrator, you have a legal duty of care to find beneficiaries. You are required to act with due diligence before the money is handed to the state. This often involves:
Searching electoral rolls and births, deaths, and marriages registries.
Placing “missing person” advertisements in local and national newspapers.
Hiring professional genealogists or “heir hunters.”
If a beneficiary is truly missing, the court can issue a Benjamin Order. This allows the estate to be distributed on the assumption that the missing person has passed away, protecting the executor if that person miraculously turns up later.
What About the Family Pet?
Legally, pets are considered property in Queensland. If there is no Will and no heirs are found, your beloved dog or cat becomes part of the “residue” of the estate. While the government doesn’t own the pet, the Public Trustee or administrator must find a home for it. Without a Will naming a specific carer, pets can end up in shelters or legacy programs like those run by the RSPCA.
The Digital Estate: Photos, Crypto, and Social Media
In the modern age, a windfall isn’t just cash; it’s also digital. QLD Treasury’s unclaimed assets now frequently include ownerless cryptocurrency or online business revenue. Without a Will (or a digital caretaker instruction), your social media accounts may be memorialised or deleted by the platforms, and your digital photos, crypto keys and other digital assets could be lost forever, as the Public Trustee often struggles to access encrypted accounts without specific legal authority.
How to Reclaim the Money
If no heirs are found after years of searching, the funds are eventually transferred to the Queensland Treasury. The unclaimed money accounts will be tagged as “bona vacantia” (ownerless goods).
If you believe you have a claim, your first stop should be pt.qld.gov.au. Proving your claim to the Public Trustee in QLD requires a mountain of evidence – birth and marriage certificates spanning generations – to satisfy the state that you are the rightful owner.
Protecting Your Legacy
The idea of your life’s work becoming a “Government Windfall” is a sobering thought. This is the ultimate reason to engage in a conversation with a seasoned succession lawyer in Queensland. A Will allows you to choose exactly where your money goes. You can leave your estate to:
“Chosen family” or close friends.
Step-children who would otherwise be excluded.
Local Sunshine Coast charities or animal shelters.
At the end of the day, don’t let the government decide the fate of your hard work. Whether you need to draft a Will or you’re trying to track down a family estate, contact the team at Bradley & Bray today. We will help you navigate estate planning with clarity, ensuring your legacy ends up exactly where it belongs.
Disclaimer: This article is general in nature and does not constitute legal advice. If you require legal advice in relation to your personal circumstances, you must formally engage our firm, or another firm to provide legal advice in relation to your matter. Bradley & Bray lawyers take no responsibility for any use of the information provided in this article.
