What happens if you die without a Will in Australia?

Short answer: If you die without a valid Will, you die "intestate". Your Estate is then divided strictly according to the intestacy laws of your State or territory, and you have no control over who receives what.

Who receives your Estate?

The rules differ in each State and territory, but generally follow a fixed order:

1. Your spouse or de facto partner, often sharing with your children depending on the size of the Estate and whether the children are also your partner's children.
2. Your children, if you have no partner.
3. Parents, then brothers and sisters, then more distant relatives.
4. If no eligible relative can be found, the Estate may pass to the State or territory government.

Friends, stepchildren who were never adopted, and charities you supported generally receive nothing under these rules.

Other problems intestacy causes

• No executor. A family member must apply to the court to be appointed administrator, which usually takes longer and costs more than proving a Will.
• No guardian nomination. If your children are under 18, nobody has been named to care for them.
• No protection for vulnerable Beneficiaries. Children receive their share outright when they become adults.
• More room for disputes. A partner may need to prove the relationship, and family members may disagree about who is entitled.

Am I "too young" or "too poor" to need a Will?

No. Even a small Estate (a car, savings, personal items) has to be dealt with. A Will also lets you name your executor and a guardian for your children, which matters regardless of your assets.