Where the intestate dies on or after 1 March and there is no person within the classes of relatives entitled to share the intestate estate, the State is entitled to the whole estate: s 136 of the Succession Act 2006 (NSW).

Section 137 Succession Act 2006 (NSW) empowers the minister to waive the whole or part of the state’s entitlement rights in favour of:

• a dependant of the intestate;

• a person with a just and moral claim upon the intestate;

• any organisation or person for whom the intestate might reasonably be expected to make provision; or

• the trustees for any of these persons or organisations.

An application for waiver is made to Crown Solicitor.

Where there is no person within the classes of relatives, the estate passes to the Crown as bona vacantia (ownerless goods): s 61B(7) of the Probate and Administration Act 1898 (NSW). The Crown can make ex gratia payments to the intestate’s dependants or persons for whom the intestate might reasonably have been expected to make provision: s 61B(8) of the Probate and Administration Act 1898 (NSW).

See Absence of persons entitled (NSW).

See New South Wales.

Schedule 2 Pt 2 of the Succession Act 1981 (Qld) provides that in the event an intestate dies and leaves no person within the classes of relatives referred to in the previous guidance notes, who survives him or her, the residuary estate will pass to the Crown as bona vacantia.

An application can be made to the Justice Department for an ex gratia payment to a person who is in some way deserving. The procedure for making such a claim is set out in Sch 1 of the Property Law Act 1974 (Qld).

See Absence of persons entitled (Qld).

Where there is no person within the classes of relatives entitled to share the intestate estate under the Table in s 14 of the Administration Act 1903 (WA), the Crown is entitled to the whole estate: Item 11 of the Table s 14 of the Administration Act 1903 (WA).

There is statutory discretion for the court or the State to waive the whole or part of the Crown's entitlement rights in favour of a dependent or person with a moral claim.

The Crown’s discretion is within the procedure known as escheat.

The passing of an intestate estate to the Crown because an intestate leaves no surviving eligible relatives under the Table in s 14 of the Administration Act 1903 (WA) to take a benefit, is known as escheat, and WA is the only state to retain escheat which was abolished in England in 1925.

Escheat is governed by the Escheat (Procedure) Act 1940 (WA).

See Absence of persons entitled (WA).

If the intestate is not survived by any issue, parent or other next of kin (being brothers or sisters, nieces and nephews, grandparents, aunts and uncles, cousins)) then the estate is bona vacantia and the Crown is entitled to it: s 72G(e) Administration and Probate Act 1919 (SA).

See Absence of persons entitled (SA).

Where there is no person within the classes of relatives entitled to share the intestate estate, the state is entitled to the whole estate: s 37 of the Intestacy Act 2010 (Tas).

Section 38 Intestacy Act 201 (Tas) empowers the minister to waive the whole or part of the state's entitlement rights in favour of:

• a dependant of the intestate;

• a person with a just and moral claim upon the intestate;

• any organisation or person for whom the intestate might reasonably be expected to make provision; or

• the trustees for any of these persons or organisations.

See Absence of persons entitled (Tas).

Where there is no person within the classes of relatives, the estate passes to the Crown as bona vacantia (ownerless goods): s 61B(7) of the Probate and Administration Act 1898 (NSW); Tas s 45 Administration and Probate Act 1935. The Crown can make ex gratia payments to the intestate's dependants or persons for whom the intestate might reasonably have been expected to make provision: s 61B(8) of the Probate and Administration Act 1898 (NSW). Tas s 45(2) Administration and Probate Act states that the Governor may make such payments.

See Absence of persons entitled (Tas).

Where there is no person within the classes of relatives entitled to share the intestate estate, the Territory is entitled to the whole estate: s 49 and Sch 6 Pt 6.2 of the Administration and Probate Act 1929 (ACT).

See Absence of persons entitled (ACT).