Succession Act 1965 section 73

State as ultimate intestate successor

Section 73 establishes that the State is the final fallback inheritor when a person dies intestate and no eligible relative or other person comes forward to claim the estate.

• Where no person is entitled to take the estate of someone who dies without a valid will, the State inherits the entire estate as the ultimate intestate successor.
• The Minister for Finance has discretion to waive the State's right to the estate, either in whole or in part, in favour of any person and on whatever terms the Minister considers appropriate.
• A waiver by the Minister may be granted with or without conditions, including the payment of money, depending on the circumstances of the case.
• The State may also disclaim certain land interests it acquires as ultimate intestate successor, including interests under fee farm grants and leases.

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