What Happens to My Assets in Australia If I Die Without a Will?

If you die without a will in Australia, you die “intestate” and your estate is distributed under a state-based government formula rather than your wishes. That can mean a spouse receives more than you intended, your children receive less, and people like former partners or stepchildren may benefit when you never intended them to.

How Intestacy Laws Work

When you die intestate, your estate doesn’t go to whoever you would have wanted. Instead, it’s distributed according to a strict legal formula that varies slightly between Australian states. This means your spouse might receive more than you intended, your children could miss out entirely or receive less than you would have wanted, and other family members—including former partners, stepchildren, or even distant relatives—might benefit when you never intended them to.

The problem is that intestacy laws were designed decades ago and don’t reflect modern family structures. They can’t account for blended families, de facto relationships, or your unique personal circumstances. What made sense in 1950 doesn’t necessarily work for today’s families.

The Real Impact on Your Family

Without a will, your loved ones face uncertainty and potential conflict during an already difficult time. Family members might argue about who should inherit what, or whether certain people have a claim on your estate. De facto partners might need to prove their relationship to the court, and stepchildren typically receive nothing, even if you raised them.

Additionally, the absence of a will means the intestacy process can be slow and expensive. Your family will need to apply for a grant of letters of administration, which can take months and cost thousands of dollars in legal fees—costs that come directly from your estate.

Taking Control with a Will

A will puts you in control. It ensures your wishes are carried out, not the government’s formula. You decide who gets what, who looks after your minor children, and who manages your estate. You can provide for blended families, leave gifts to friends, charities, or specific causes that matter to you.

Creating a will also reduces the risk of family disputes and lengthy legal proceedings. It’s one of the most important things you can do to protect your family’s future.

Willed makes it simple to create a legally valid will that reflects your wishes and protects your family’s interests.