Wills, Estates & Probate

Intestacy

Also known as: dying intestate, no will

In plain English

Dying without a valid will. Your assets are then shared out using a fixed legal formula instead of your wishes.

What it means

Intestacy is what happens when a person dies without a valid will. Each Australian state and territory has its own statutory formula that decides who inherits — usually starting with a spouse or de facto partner and children, then moving to other relatives. Because the formula is fixed, it takes no account of your actual relationships or intentions, and people you may have wanted to provide for (such as stepchildren or close friends) can miss out entirely.

How it's used

Because their father died intestate, the family had to apply to the Supreme Court for letters of administration before they could deal with his estate.

Dealing with intestacy in real life?

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