28/08/2026
Victoria’s Intestacy Statutory Legacy Is Now $591,390
From 1 July 2026, Victoria’s statutory legacy for a surviving partner increased from $573,640 to $591,390. The date of death determines which annual amount applies, so deaths before that date remain subject to the earlier figure.
The statutory legacy is recalculated for each financial year using a formula based on Melbourne CPI, although the legislation prevents a calculated reduction from taking effect.
When does the statutory legacy apply?
The statutory legacy only applies in particular intestacy situations. It becomes relevant when a person dies wholly or partly intestate, meaning no valid will governs some or all of their estate, and leaves one surviving partner together with a child or other descendant of the deceased who is not also a child or descendant of that partner. This often arises in blended families.
It applies to the residuary estate: broadly, what remains after administration costs, debts and liabilities have been dealt with and any effective specific gifts have been paid. Correctly identifying the property that forms part of the estate is therefore essential.
How is the estate divided?
For an estate with one surviving partner, if the residuary estate is worth no more than $591,390, the partner is entitled to the whole estate, including the deceased’s personal chattels.
If the residuary estate is worth more than $591,390, the partner is entitled to the personal chattels, the $591,390 statutory legacy, interest on that legacy from the date of death until payment, and one half of the remaining balance. The deceased’s children or their descendants share the other half in the proportions set by law.
Why does this matter?
Intestacy rules apply a statutory formula, which may not reflect the deceased’s intentions. The result can also change where there is more than one partner, uncertainty about a relationship or family connection, assets outside the estate, a partial intestacy, or a family provision claim.
An up-to-date will and coordinated estate planning can reduce uncertainty. When administering an intestate estate, the applicable amount and beneficiaries should be assessed using the date of death and the complete family and asset circumstances.
This article provides general information only and is not legal advice. Legal requirements and individual circumstances vary. Obtain advice about your specific situation.
