Can a Legal Personal Rep (Spouse of the deceased) give beneficiaries (adult children) more than what they are entitled to under Victorian Intestacy Laws?
e.g. if law states spouse gets majority and each adult child is entitled to $20,000, can they be given $50,000 if the LPR (Spouse) determines that they should receive more?
If yes - are there any tax implications for the children?
Inheritances are tax free. It's not assessable income. Doesn't matter to the ATO how much any beneficiary receives.
Inheritances are tax free. It's not assessable income. Doesn't matter to the ATO how much any beneficiary receives.
Hi @Louisa66
In Victoria, If the deceased died without a valid will (intestate). The distribution of the estate is governed by a statutory scheme.
The LPR does not have the power to vary that.
I note that, where the deceased leaves a spouse and they had children with that person only, the partner takes the whole of the deceased’s estate. The children do not have a separate entitlement
There is nothing to stop the spouse gifting their share to the adult kids after they get it.
I also note that, whilst most inheritances are tax free, there are some assets that are not. The main situation is when the assets of the deceased include a superannuation benefit and that benefit is paid to a non dependant beneficiary. (But that’s outside the scope of your question)
Toby
21 May 2026 · 4 min read time
15 Apr 2026 · 8 min read time
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