In Australia, dying without a will is known as dying "intestate." While it’s a scenario many people may try to avoid, it can happen for various reasons—whether through procrastination or simply not getting around to it. Regardless of the cause, dying intestate means your estate will be distributed according to the laws of your state or territory, not your personal wishes. As an Australian lawyer, I often guide clients through the potential consequences of dying without a will, and it’s important for everyone to understand what this means for their family and assets.

What Happens to Your Estate?

When you pass away intestate, the government has a system in place to distribute your estate. The process is governed by a set of rules that vary depending on the jurisdiction in which you reside, as each state and territory in Australia has its own laws. These rules typically prioritize family members, but the way in which assets are distributed may not reflect what you would have wanted.

For example, in most Australian jurisdictions, the estate will be distributed according to a formula that takes into account your surviving relatives. The order of priority generally follows this structure. 

1. Spouse or Domestic Partner: In most cases, if you were married or in a de facto relationship, your spouse or partner will be entitled to a portion of your estate. However, the amount they receive can vary depending on whether you have children, and the value of your estate.
2. Children: If you have children, they will typically inherit the remainder of your estate after your spouse’s share is accounted for. In the absence of a spouse, the children will inherit the entire estate, divided equally among them.
3. Other Relatives: If there are no surviving spouse or children, the next in line may be your parents, siblings, or more distant relatives. In some cases, the estate could even go to more distant relatives such as cousins or uncles and aunts.
4. Public Trustee: If there are no eligible family members, the estate may pass to the state or territory government, which will distribute it in accordance with intestate laws.

The Process of Administration 

When someone dies intestate, the court appoints an administrator, often a close relative or public trustee, to manage and distribute the estate. The administrator handles gathering assets, paying debts and taxes, and distributing the estate according to intestacy laws. This process can be time-consuming, stressful, and more costly than having a will in place.

Challenges of Dying Intestate

Dying without a will can lead to family disputes, as there are no clear instructions on how the estate should be divided. This can cause legal challenges and delays in distributing assets, which may result in financial hardship for dependents.

TY Lawyers in Chatswood is here to assist you with drafting you will under legal guidance. With a variety of in-house legal services, we welcome you to connect with us should you require the services of a local will and estate lawyer in Chatswood, or a commercial, small business or property lawyer in Chatswood. To commence the process, please contact us here.