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Current Victorian Statutory Legacy for Intestacy (2025/2026 Financial Year): $573,640.00

Effective from: 1 July 2025.

A statutory legacy, as referred to in section 70M of the Administration and Probate Act 1958 (Victoria), is a fixed sum that a deceased’s spouse or de facto partner is entitled to, in circumstances where they died without a will and leaving children from a different relationship.

When does the statutory legacy apply?

A statutory legacy applies in cases where:

  • The deceased died without a valid will;
  • They left:
    • A partner (including spouse or domestic partner), and
    • Children or other issue who are not the children or issue of that partner;

If these conditions are met, the partner is entitled to:

  • The deceased's personal chattels;
  • The statutory legacy amount (currently $573,640.00);
  • Half of the remaining estate.

Historical statutory legacy amounts in Victoria

Date of deathStatutory legacy amount
1 July 2025 – 30 June 2026$573,640.00
1 July 2024 – 30 June 2025$559,660.00
1 July 2023 – 30 June 2024$539,100.00
1 July 2022 – 30 June 2023$499,210.00
1 July 2021 – 30 June 2022$486,870.00
1 July 2020 – 30 June 2021$480,700.00
1 July 2019 – 30 June 2020$471,240.00
1 July 2018 – 30 June 2019$461,780.00
1 Nov 2017 – 30 June 2018$451,909.00

Note: Prior to 1 November 2017, the statutory legacy did not apply in its current form. Earlier entitlements were governed by the intestacy provisions in force at the time. Please contact us for further information if this applies.

Statutory Legacy Example

If someone died on 19 August 2025 without having made a will, and left:

  • A domestic partner of 10 years;
  • 2 children from a previous marriage;
  • A net distributable estate of $1,000,000.00.

Then the partner receives:

  • All personal effects;
  • The statutory legacy of $573,640.00 (plus interest if unpaid within 12 months)
            — leaving a remaining balance of $426,360.00;
  • 50% of the remaining balance, being $213,180.00

The remaining 50% (also $213,180.00) is divided equally between the two children, i.e. $106,590.00 each.

How the Statutory Legacy is Calculated

Under section 70M of the Administration and Probate Act 1958 (Victoria), the statutory legacy is calculated using the formula:

Statutory Legacy = A × (B ÷ C)   —   rounded[1]

Where:

  • “A” is the previous financial year’s statutory legacy (or $451,909.00, whichever is greater)
  • “B” is the CPI[2] for this year
  • “C” is the CPI[2] for the previous year

[1] The calculated value is rounded to the nearest dollar if the increase from the previous year is under $1,000, otherwise rounded to the nearest $10.
[2] CPI is the the All groups consumer price index for Melbourne in original terms for the most recent reference period in the preceding calendar year most recently published by the Australian Bureau of Statistics as at 15 June immediately preceding the date on which the variation is made;
Special rules apply in deflationary scenarios, however to date these rules have not applied.

This financial year:

  • The previous statutory legacy was $559,660.00;
  • The applicable CPI figure for B is the October–December 2024 quarter, published on the 29 January 2025 ( source), which was 139.5;
  • The applicable CPI figure for C is the October–December 2023 quarter, published on the 31 January 2024 ( source), which was 136.1;

Therefore:

  • A = $559,660.00
  • B = 139.5
  • C = 136.1
  • Statutory Legacy = 559,660.00 × (139.5 ÷ 136.1) = $573,640.00 (after rounding)

The relevant statutory legacy value for the 2025/2026 Financial Year is therefore $573,640.00.

See also:

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