Current NSW Statutory Legacy for Intestacy (January–April 2026): $603,091.72

Gennadi DobrinskiPrincipal Solicitor

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 be difficult to manually calculate, so we provide this page and the calculator further below for the benefit of our colleagues, and the general public:

The New South Wales Statutory Legacy for the four most recent periods are outlined in the table below:

Calculate the Statutory Legacy for historical 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.

Calculation of Statutory Legacy as of 30 January 2026

Under section 106 of the Succession Act 2006 (NSW), the statutory legacy is calculated using the formula:

R = A × (C ÷ D)

Where:

• “R” represents the CPI adjusted legacy.
• “A” is $350,000.
• “C” is the CPI for the last quarter for which such a number was published before the date on which the intestate died.
• “D” is the CPI for the December 2005 quarter.

As of 30 January 2026:

• The most recent CPI figure published was for the October–December 2025 quarter, published on the 28 January 2026 ( source), which was 100.32;
• That quarter is after the ABS re-referencing of the quarterly CPI series, and accordingly the re-referenced CPI values apply (see note below*).
• On the re-referenced basis, the CPI for the December 2005 quarter is 58.22.

Therefore:

• A = $350,000.00
• C = 100.32
• D = 58.22
• R = 350,000 × (100.32 ÷ 58.22) = 603,091.72

The relevant statutory legacy value is therefore $603,091.72.

* Note on ABS CPI changes (from late 2025):
From late 2025, the Australian Bureau of Statistics (ABS) began publishing the Consumer Price Index (CPI) on a monthly basis and re-referenced the quarterly CPI series to align with that monthly data ( source).
For the purposes of section 106 of the Succession Act 2006 (NSW), the legislation continues to refer specifically to the CPI for the last quarter for which such a number was published before the date of death. The ABS continues to publish quarterly CPI figures, and those quarterly figures (whether on the original or re-referenced basis, as applicable) are the correct figures to use when calculating the statutory legacy.

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 fixed amount is indexed each year to reflect changes in the Consumer Price Index. This amount is in addition to:

• The spouse’s entitlement to the deceased’s personal effects.
• A 50% share of the remaining estate after the statutory legacy is paid.

Statutory Legacy Example

If someone died on 30 January 2026 leaving a spouse and two adult children from a previous relationship, leaving a net distributable estate of $1,000,000.00 (after paying debts, funeral expenses, and administration costs), the estate is distributed as follows:

1. The spouse receives:
   • All personal effects;
   • The statutory legacy of $603,091.72 (as at 30 January 2026)
           — leaving a remaining balance of $396,908.28;
   • A 50% share of the remaining balance, being $198,454.14
2. The remaining 50% (also $198,454.14) is divided equally between the two 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.

See also:

• NSW Letters of Administration
• NSW Letters of Administration - Frequently Asked Questions
• Victorian Statutory Legacy