No Will, No Say: What Happens to Your Estate in Australia

We all know we should write a will. But life gets busy, and it’s something many Australians delay.

However, not having a will can leave your loved ones in legal and emotional chaos.

So, what happens if you don't have a will in Australia? The answer is governed by a set of rules called intestacy laws—and it might not be what you expect.

Let’s break it down in simple terms.

Understanding Intestacy: No Will, No Say

If you pass away without a valid will, you’re officially dying intestate.

That means you haven’t left instructions on what to do with your assets, property, or responsibilities.

In this case, your estate is distributed according to strict government rules. These laws vary between states and territories, but all follow a similar logic: assets go to your closest relatives, in a legally determined order.

But here's the thing—intestacy laws don't consider personal relationships or unique family dynamics.

What Happens to Your Estate?

Without a will, the government decides how your estate is divided.

Here’s the general order of distribution:

• Spouse or de facto partner: usually inherits the majority or all of your estate
• Children: share what’s left (or all, if there’s no partner)
• Parents, siblings, nieces/nephews: inherit only if there’s no partner or children
• More distant relatives: may inherit in rare cases
• The state: receives everything if no relatives can be located

So, who inherits without a will isn’t always obvious—and it may not reflect your true wishes.

The Emotional Toll on Families

When there’s no clear will, grief often turns to conflict.

Family members might argue over belongings, finances, or even funeral arrangements. Estranged relatives may appear. Long-time partners may need to prove their relationship in court.

It's a legal and emotional burden your loved ones don’t need during a time of mourning.

Applying for Letters of Administration

Instead of applying for probate, your family must apply for Letters of Administration to handle your estate.

This gives them the authority to access accounts, pay debts, and distribute assets. It’s a necessary process, but often more complicated without a will.

Usually, the person closest to you applies—often a spouse or adult child. They then manage your estate following the intestacy rules.

Why a Legal Will Matters

Having a legal will means:

• You choose who inherits what
• You can provide for loved ones outside traditional next-of-kin (like stepchildren or friends)
• You decide who will act as your executor
• You avoid delays and disputes
• You provide clarity during an emotional time

It’s not just about money. It’s about peace of mind and protecting your legacy.

Common Myths About Wills

• “I don’t own much—why bother?”
  Even modest estates can lead to disputes. Superannuation, vehicles, or sentimental items matter more than you think.
• “My partner will get everything anyway.”
  Not always. Without marriage or formal recognition, they may need to fight for their share.
• “I’ll do it later.”
  Life is unpredictable. A basic will today is better than none tomorrow.

Final Thought

If you’re still wondering what happens if you don’t have a will in Australia, the short answer is: the state decides.

And that decision might not honour your wishes.

Making a will doesn’t have to be complicated or expensive—but the impact of not having one can be.

Give your family the gift of clarity. Write your will. Protect your loved ones with something legal and lasting.