Most people know they should have a will but life gets busy, and it’s easy to put off. The problem is, dying without one doesn’t mean your estate simply gets divided equally among your loved ones. In New South Wales, the law steps in and makes those decisions for you, and the outcome might surprise you.
Here’s what you need to know about dying without a will in NSW and why getting one sorted sooner rather than later is so important.
When someone dies without a valid will, they’re said to have died intestate. This means there are no legally binding instructions about who should receive their assets, who should manage the estate, or who should care for any children.
In NSW, the Succession Act 2006 sets out exactly how an intestate estate must be distributed. The rules follow a fixed hierarchy and they don’t take into account your wishes, your relationships, or your personal circumstances.
The distribution depends on who survives you. Here’s a simplified breakdown:
It’s worth noting that de facto partners are recognised under NSW law, but the relationship must have lasted at least two years or resulted in a child. If there’s any dispute about whether someone qualifies as a de facto partner, things can get complicated and costly.
This is where intestacy laws can cause real heartache. If you’re not legally married or in a recognised de facto relationship, your partner could receive nothing even if you’ve been together for years. The same applies to stepchildren, close friends, carers, or anyone else you consider family but who doesn’t fit neatly into the legal categories.
“The law doesn’t know your story. A will does. Without one, people you love could be left with nothing while distant relatives you haven’t spoken to in decades inherit your estate.”
With a valid will, you appoint an executor to manage and distribute your estate. Without one, someone must apply to the Supreme Court of NSW for a grant of Letters of Administration. Usually this is a next-of-kin, but it can take time, cost money, and create conflict if multiple family members come forward.
If you have minor children and die without a will, the courts will determine who becomes their guardian. While the court always acts in the best interests of the child, you lose any say in who raises them. A will lets you formally nominate a guardian, one of the most important things any parent can do.
Yes. Eligible people who feel they’ve been left out such as a long-term partner who doesn’t meet the de facto threshold, or an adult child can make a Family Provision Claim under the Succession Act. These claims can be time-consuming, expensive, and emotionally draining for everyone involved. A clear, valid will significantly reduces the risk of these disputes.
A will doesn’t need to be complicated. At its core, it lets you:
Getting a professionally drafted will is one of the most straightforward and affordable legal steps you can take and one of the most important.
At Lex Law Australia, we help Sydney individuals and families create clear, legally sound wills that reflect their wishes and protect the people they love. Whether you’re making your first will or updating one after a major life change, we’re here to make the process simple and stress-free.
Get in touch with our team today for a plain-English conversation about your estate planning needs.
