If you die without a Will, the law decides who gets your estate

But let’s dispel a myth

If you die without a Will, the government does not take your assets and estate. The government does, however, have rules of distribution if you die without a Will. These are called Intestacy rules. If you die without a Will (Intestate) in Western Australia, your estate will be distributed in accordance with the Administration Act 1903.

Definitions:

• Intestacy – The condition of having died without a valid Will.
• Intestate – A person who dies without a Will – He/she died intestate

If you die without a Will, it is known as dying ‘intestate’. Intestacy arises where the deceased dies without a valid Will or where the deceased leaves a valid Will but the Will does not effectively dispose of all of the their estate.

Intestacy examples:

• Dying without a valid Will;
• After making a valid Will (that has not been made in contemplation of marriage or divorce), a person divorces or marries;
• If the person making the Will is of unsound mind, or mentally ill/incapable at the time of making his/her Will; or
• If the Will is damaged to the extent that it cannot be read or interpreted.

Intestacy (if you die without a Will) means that the deceased’s estate will likely be distributed other than as the person intended.

Instead, the estate is distributed as determined by legislation with the estate generally being distributed among the deceased’s nearest blood relatives.

Dying intestate can lead to bitter and costly disputes over inheritances that inevitably reduce the size of the estate.

If you die without a Will, an administrator must be appointed

Intestacy also means that without a legal and valid Will in place there is no executor to manage the deceased estate (the executor is usually named in a Will). If you die without a Will, an administrator of the estate must be appointed. Applying to the court for letters of administration is similar to applying for probate of a Will, but often leads to additional costs and complexities. These are costs and complexities that one of your loved ones will have to deal with if you die intestate.  To prevent this, ensure you have a valid Will in place.