If you die without a Will, you’re “intestate,” and the law, not you, decides who gets what, following a set formula that may not match your wishes. Sorting a Will while you’re here is far faster and cheaper than leaving your family to untangle an estate without one.
Dying intestate means a formula written into your state or territory’s law decides who receives what, and someone has to apply to the court before they can deal with anything at all. That takes longer and costs more, and it lands on your family at the worst possible moment. A valid Will is usually a small job that removes all of it.
It simply means dying without a valid Will. When that happens, your estate is shared out according to a formula written into your state or territory’s law. Regardless of what you would have chosen.
The formula usually starts with your spouse or de facto partner and your children, then moves out to other relatives if there are none. It varies by state and territory, and it can leave out people you’d probably want included: stepchildren you helped raise, a close friend, or a charity you cared about. Without a Will, none of them are considered.
With no Will, someone has to apply to the court to be allowed to manage your estate, which takes longer, costs more, and lands on your family at the worst possible time. It can also spark disagreements that a simple Will would have prevented.
A valid Will doesn’t have to be complicated or expensive. It lets you choose who receives what, who looks after any children, and who handles it all, and it saves your family a great deal of stress later.
Consider James, a NSW dad of two who separated from his children’s mother some years ago and has been in a new de facto relationship for the past eighteen months. He always meant to make a Will “once things settled down,” but never got around to it.
When James dies unexpectedly, the intestacy formula has to work out how his estate is divided between his de facto partner and his two children, a process that depends on the length and nature of the relationship, and can take time to establish if it isn’t clear-cut.
Had James made a simple Will, he could have set out exactly what he wanted for his partner and children, named a guardian for anyone who needed one, and spared his family a formula that turns a genuinely loving family situation into a legal puzzle to be solved.
When someone dies intestate, a family member typically has to apply to the court for letters of administration before they can access bank accounts, sell property or otherwise deal with the estate.
That application usually takes longer to prepare than a straightforward probate application, because there’s no Will to confirm who should act. The court needs to be satisfied about who is entitled to apply, often based on their relationship to the person who died.
Only once that’s granted can the administrator start gathering assets, paying debts, and distributing what’s left according to the intestacy formula, rather than according to any wishes the person may have expressed informally to family.
It means dying without a valid Will. Your estate is then shared according to a legal formula set by your state or territory.
Usually your spouse or de facto partner and children first, then wider relatives. The exact order varies by state and territory.
Not necessarily. The formula may split your estate between a partner and children, and de facto status can need proving. A Will removes the guesswork.
Usually not. For most people it’s straightforward, and it’s far easier than what your family faces without one.
AussieLegal offers Wills at three levels: a DIY option for straightforward situations, an Assist tier where your draft is checked before you sign, and Plus for anything genuinely complex, handled through our partner-firm network. Call 1300 728 200 to get a no-obligation consultation about your situation..
The part people underestimate is who the formula never reaches. A stepchild you raised, a close friend, a partner you never formalised things with, a charity that mattered to you: none of them are covered unless you say so. The formula is not unkind, it is simply blind to everything it was not told.
See our Essential Legal Documents Checklist and sort your Will, it’s easier than you think.
