Intestate in Australia: What Happens If You Die Without a Will?

Thinking about your own mortality isn’t anyone’s idea of a good time, but what happens if you die without a will? In Australia, this situation is called dying intestate, and it can set off a legal and emotional rollercoaster for the people you leave behind. As of 2025, with property values soaring and family structures more complex than ever, understanding intestacy has never been more important.

What Does Intestate Mean?

Simply put, dying intestate means passing away without a valid will in place. When this happens, you have no say in who gets your assets, who manages your estate, or even who looks after your dependents. Everything is decided according to strict government formulas—varying by state and territory—that rarely reflect the nuances of modern families.

• No will = no control: Your estate is distributed by formula, not by your wishes.
• State laws differ: NSW, Victoria, Queensland, and other states each have their own intestacy rules.
• Potential for family disputes: Blended families, stepchildren, and de facto partners can all be affected.

How Is an Intestate Estate Distributed in 2025?

When someone dies intestate, the state steps in to decide how their assets are divided. In 2025, all Australian states and territories have updated intestacy laws to clarify definitions of partners, children, and more. Here’s how it typically unfolds:

• Spouse or de facto partner receives the largest share, often the whole estate if there are no children.
• Children inherit next, but only after the spouse or partner takes their share.
• Extended family (parents, siblings, nieces/nephews) may inherit if there’s no spouse or children.
• No family? The estate can eventually go to the state government (bona vacantia).

For example, in New South Wales as of 2025, if you leave behind a spouse and children from a previous relationship, your current spouse gets a statutory legacy (currently $600,000, indexed to inflation), your personal effects, and half the remainder, with the rest going to your children. In Victoria, new rules mean de facto partners must have lived with you for at least two years or have a child with you to inherit.

Common Pitfalls and Real-World Examples

The reality of intestacy is rarely straightforward. Consider these scenarios:

• Blended families: John dies without a will, survived by a new de facto partner and two adult children from his first marriage. Disputes erupt when the partner and children each believe they deserve the family home.
• Unrecognised relationships: Priya’s partner of 18 months is left with nothing because their relationship didn’t meet the legal definition of ‘de facto’ under Queensland’s 2025 laws.
• Estranged relatives: If there are no close family members, distant cousins or even the government could inherit everything, regardless of your actual wishes.

These situations often end up in court, draining the estate with legal fees and delaying access to funds—sometimes for years.

How to Avoid Intestacy (and Chaos)

Preventing intestacy is easier than you might think. In 2025, online will kits and digital estate planning have made it simple for Australians to ensure their wishes are clear. Here’s what you can do:

• Make a valid will: Even a basic will is better than none. Update it when your circumstances change (marriage, divorce, new children).
• Understand state laws: Know how your assets would be divided without a will, so you can make informed decisions.
• Consider superannuation and life insurance: These often fall outside your estate—make sure your beneficiary nominations are up to date.
• Talk to your family: Clear communication can prevent misunderstandings and future disputes.

With Australia’s population ageing and wealth transfers reaching record highs, the cost of doing nothing can be enormous—financially and emotionally.