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What happens if I don’t have a Will?

What if you die without a Will in Australia?

If you die without a Will, you die intestate. Being intestate means that the relevant state or territory laws of intestacy will determine how your estate is to be managed and distributed.

Not having a Will means

  • You do not have a say about who will benefit from your estate (e.g. your assets can be shared with relatives whom you do not wish to benefit).
  • You do not have a say about who administers and makes final decisions about your estate.
  • Your estate may take an extended period to settle (more than 12 months).
  • The cost to settle your estate may be significantly more than if you had written a Will in the first instance.

The task of estate administration would fall on either an Executor nominated in your Will or, if you die intestate, the role would be delegated to a next of kin (generally the individual who has the largest entitlement to the estate).

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