What Happens If You Die Without a Will in NSW?
Making a will is easy to put off — but what happens if you die without a will in NSW? In short, the law, rather than you, decides who receives your assets. This is called dying intestate, and the outcome is not always what people expect.
The rules of intestacy
Without a valid will, your estate is distributed under a fixed order of priority — generally your spouse or de facto partner and your children first, then other relatives, and only if none can be found does it pass to the State.
Common surprises
Blended families can produce complicated results; de facto and multiple partners can create genuine complexity; friends, charities and particular individuals receive nothing under intestacy; and children's entitlements may be held in trust with less flexibility than a tailored will allows.
Who administers the estate?
Without a will there is no executor. An eligible relative must apply to the Supreme Court of NSW for letters of administration to deal with the estate — often slower and more cumbersome than administering under a will with a named executor.
Frequently asked questions
What happens if you die without a will in NSW?
Your estate is distributed under intestacy rules applying a fixed order of priority among relatives, starting with your spouse or de facto partner and children. Someone must apply for letters of administration to manage the estate.
Who gets my money if I die without a will?
Generally your spouse or de facto partner and children first, then other relatives in a set order. Friends and unrelated people receive nothing under intestacy.
Is dying without a will a problem even if I don't have much?
It can still cause delay, cost and family conflict, and may not reflect your wishes. A simple will avoids leaving these decisions to a formula.
Make a will with Leyden Legal
A will is one of the most important — and simplest — steps to protect your family. Leyden Legal has helped families across Tamworth, Manilla and the North West with practical estate planning for three generations.
Contact Leyden Legal today to make or update your will.
This article provides general information only and is not legal advice. Intestacy outcomes depend on your family circumstances. Please seek tailored legal advice before acting.
