Life is unpredictable, and planning ahead gives you peace of mind that your loved ones will be supported when you are no longer here. One of the most important steps in this preparation is making a valid Will. Without it, the distribution of your estate can become complicated, stressful, and may not reflect your true wishes.
In New South Wales, dying without a Will, known as “dying intestate” means your estate will be distributed according to a legal formula, not personal preference. Understanding the consequences of intestacy helps highlight why creating a Will is one of the most valuable gifts you can leave behind.
What Does Intestacy Mean?
Intestacy occurs when a person dies without leaving a valid Will. In NSW, the Succession Act 2006 (NSW) sets out strict rules that determine how the estate is divided. These rules prioritise close relatives, but they do not always reflect the relationships or intentions of the deceased.
For example, blended families, de facto partners, or individuals with no immediate relatives may find their circumstances are not properly recognised under intestacy laws.
How Estates Are Distributed Without a Will
If you die without a Will in NSW, your estate will be distributed as follows:
- Spouse or De Facto Partner: If you have a surviving spouse or de facto partner, they usually inherit the entire estate. However, if there are children from another relationship, the spouse will receive a set portion, while the remainder is distributed to those children.
- Children: If there is no surviving spouse, the estate is divided equally among the children.
- Parents, Siblings, and Extended Family: If there is no spouse or children, the estate goes to parents, then siblings, then nieces and nephews, and so on down the family line.
- The State: If no eligible relatives can be located, the estate is passed to the NSW Government (known as “bona vacantia”).
Risks of Not Having a Will
Failing to make a Will can create unnecessary stress and disputes for those you leave behind. Common risks include:
- Family conflict: Disagreements between spouses, children, or extended family.
- Financial hardship: Delays in accessing funds needed for everyday living or funeral costs.
- Exclusion of loved ones: Close friends, stepchildren, or long-term partners may not be recognised.
- Loss of control: Assets distributed in ways that don’t reflect your wishes.
The best way to prevent these issues is by having a will in place. Learn more about managing a Will and deceased estate to make sure your plans are honoured and your loved ones are supported.
Protecting Your Loved Ones with a Will
A valid will allows you to:
- Choose who inherits your estate.
- Appoint a trusted executor to manage your affairs.
- Provide for unmarried partners, stepchildren, or friends who may not be recognised under intestacy laws.
- Leave specific gifts or charitable donations.
- Minimise the likelihood of disputes.
At Gryphon Lawyers, we believe in the power of preparation. By putting the right plans in place today, you can protect your family’s future and give them the peace of mind they deserve. Read our Wills and Estate page to learn more about creating arrangements that reflect your choices and safeguard the people you care about most.
How Gryphon Lawyers Can Help
Creating a Will may seem daunting, but with the right guidance, it can be a straightforward and empowering process. Our team provides:
- Clear, plain-English advice on wills and estate planning.
- Guidance to help you navigate complex family circumstances.
- Tailored solutions for unique family circumstances, including blended families and de facto relationships.
- Compassionate support, ensuring your wishes are respected and your loved ones are cared for.
Don’t leave your legacy to chance. Speak with our team today about preparing or updating your Will, and take an important step in securing your family’s future.
Final Thoughts
Dying without a Will in NSW means leaving important decisions to legislation rather than your own voice. The best way to ensure your loved ones are cared for and your wishes are respected is to make a Will now.
Contact us today for a free consultation and let us help you protect what matters most.
