Die without a Will?

In Australia if you die without a Will then you die “intestate”. However, you can’t really die without a Will because each state government gives you a Will, just not one always taking into account what you actually want.

Without your own Will the state government takes charge. The state government will distribute your estate assets according to the laws of the state in which you die.

Such acts as the:

  • Administration Act (WA)

  • Succession Act 1981 (Qld)

  • Wills, Probate and Administration Act 1898 (NSW)

  • Administration and Probate Act 1958 (Vic)

  • Wills Act 1997 (Vic)

  • Administration and Probate Act 1919 (SA)

  • Wills Act 1936 (SA)

  • Administration and Probate Act 1935 (Tas)

  • Wills Act 1992 (Tas)

The Acts provide a complex formula specifying who is entitled to the intestate person's property. This could be:

  • the taxman

  • surviving spouse, separated spouse and defacto spouse;

  • children;

  • next of kin, including parents, siblings, nephews and nieces;

  • the government (after the state and federal tax office take their share the rest goes to the state government if your relatives can’t be found or identified).

These laws often result in your property being distributed against your wishes in an unfairly rigid order.

If you die without your own Will then you die without any control of what happens. Don't let the government meddle in your affairs, do a Will.

The information which is summarised herein does not constitute financial or other professional advice and is general in nature. It does not take into account your specific circumstances and should not be acted on without full understanding of your current situation and future goals and objectives by a fully qualified financial advisor. In doing so you risk making commitment to a product and/or strategy that may not be suitable to your needs.

Hills Financial