What Happens If You Die Without a Will in Australia?

When someone passes away without a valid will, this is called intestacy. In this situation, each Australian state and territory has its own rules that determine how the estate is divided. While these intestacy laws provide a safety net, the outcome may not reflect what you would have wanted for your family.

Who Inherits an Intestate Estate?

The rules of intestacy generally follow a set order of priority:

• Spouse or de facto partner – If there are no children, your partner will usually inherit the entire estate.
• Spouse and children – If children are involved, the split depends on whether they are also the children of your spouse and the laws of your state or territory.
• No spouse or children – The estate may pass to your parents, siblings, or other next of kin.
• No eligible relatives – If no family can inherit, the estate is transferred to the state or territory government.

Family Provision Claims

Even when intestacy laws apply, certain people can challenge the distribution. A family provision claim allows eligible people—such as a spouse, partner, child, or dependant—to ask the court for a larger share if they believe they were not adequately provided for. This process can apply whether or not there is a will.

What Assets Are Not Covered by Intestacy?

Not all assets automatically fall under intestacy laws. Examples include:

• Superannuation – Your super fund may decide which eligible beneficiaries receive your super unless you have a binding death benefit nomination.
• Life insurance – If you own a personal policy, payouts may go directly to your nominated beneficiary.
• Jointly-owned property – Typically passes to the surviving joint owner.

Who Manages the Estate Without a Will?

If there is no will, the court appoints an administrator (often a spouse or next of kin). The administrator is responsible for:

• Collecting assets
• Paying debts and expenses
• Distributing the estate under intestacy laws

Their authority begins only once the court issues a grant of administration.

Funeral and Burial Decisions

Without an executor named in a will, the right to arrange the funeral usually goes to the person with the strongest claim to be administrator—most often the surviving spouse or de facto partner, or if none, the next of kin.

Key Takeaway

Dying without a will means:

• You lose control over who inherits your estate
• You give up the right to decide who manages your affairs
• Your family may face additional stress and disputes

Making a valid will in Australia ensures your wishes are respected, your loved ones are cared for, and the process is far smoother for those left behind. Contact our office if you need help to review or set up a robust estate plan.