If you die without a Will, it's called dying "intestate". It means there's no document setting out your wishes, so a fixed legal formula decides who gets what. It doesn't ask what you would have wanted.

How the formula works

In New South Wales, the rules generally favour a spouse or partner first, then children, then other relatives such as parents or siblings, in a set order. If you have a blended family, a long-term partner you weren't married to, or close friends you wanted to include, the formula may not reflect any of that.

Who becomes the executor

Without a Will, there's no executor (the person who manages the estate, meaning everything you own, and carries out the process) named by you. Instead, someone, usually a close family member, has to apply to the court to be appointed as "administrator". This takes longer and adds stress at an already difficult time.

What it means for your family

Dying without a Will doesn't just affect who gets what. It can mean delays, extra cost, and disagreements between family members about what you would have wanted. These are things a Will is designed to prevent.

Children and guardianship

If you have children under 18, a Will lets you name a guardian, the person you trust to raise them if something happens to you. Without a Will, this becomes a decision for the court instead of you.

The good news

This is one of the easiest problems to avoid. A clear, up-to-date Will means your wishes are followed, your executor is someone you chose, and your family has one less thing to sort out during a hard time.

Let's make sure this doesn't happen to you

If you don't have a Will, or it's been a while since you looked at it, now is a good time. Get in touch, and we'll talk it through in plain English.

This article is general information only and does not constitute legal advice. For personalised assistance, contact our office to arrange a consultation.