Current NSW Statutory Legacy for Intestacy (as at 18 August 2025): $591,825.78

In cases where a person dies intestate (i.e. without a will), their estate is distributed in accordance with the ‘rules of intestacy’ — laws found in Chapter 4 of the Succession Act 2006 (NSW) (“the Act”).

According to Part 4.2 of the Act, a spouse, or de facto partner, is entitled to a ‘statutory legacy’ in the event that the deceased died leaving children from a different person to their spouse / de facto partner at the time of their death. This is a fixed sum payment, indexed quarterly to account for inflation. The ‘statutory legacy’ formula may take some time to manually calculate, so we provided this page and the below calculator for the benefit of our colleagues, and the general public:

Calculate the Statutory Legacy for a Date of Passing

The statutory legacy changes over time. Use the calculator below to find the amount that applied at a given date of death. This is a general guide. For precise figures and advice, speak with our experienced probate and estate lawyers.

What Is the Statutory Legacy?

The statutory legacy is a lump sum payment that a spouse or de facto partner is entitled to, if their loved one passes away without a will, but leaves children from a different relationship.

If the deceased leaves:

• A spouse / de facto only, with no children, the spouse / de facto is entitled to the entirety of their estate (the legacy has no relevance.)
• A spouse / de facto and children from that relationship only, the spouse is entitled to the entire estate (the legacy has no relevance.)
• A spouse and children from another relationship, the legacy applies, along with other entitlements.

How Much Is the Statutory Legacy?

The amount is indexed each year to reflect changes in the Consumer Price Index. From 1 July 2024, the statutory legacy in NSW is $680,600 (as published by the NSW Attorney General).

This amount is in addition to:

• The spouse’s entitlement to the deceased’s personal effects.
• A share of the remaining estate after the statutory legacy is paid.

Statutory Legacy Example

If someone dies leaving a spouse and two adult children from a previous relationship, the estate (after paying debts, funeral expenses, and administration costs) is distributed as follows:

1. The spouse receives personal effects.
2. The spouse receives the statutory legacy ($680,600 as at 1 July 2024) plus interest from the date of death until payment.
3. The remaining estate is divided, with half going to the spouse and half equally distributed between the children..

Why This Matters

Understanding the statutory legacy is critical for:

• Executors and administrators, who must calculate and pay the correct amount before distributing the rest of the estate.
• Spouses of the deceased, so they know their minimum entitlement under NSW law.
• Children and other beneficiaries, to set realistic expectations about their share.

If you are dealing with an intestate estate in NSW and need clarity on the statutory legacy or other distribution rules, our experienced probate and estate lawyers can guide you through each step.