When someone dies without a valid will in place, the legal and emotional consequences for those left behind can be significant. Known as dying intestate, this situation can result in confusion, delay, and disputes about who should administer the estate and who should benefit from it. Yet despite the risks, a surprising number of Australians pass away without having made a will.
In Queensland, and across Australia, there are laws in place to deal with intestacy. But they may not reflect the wishes of the deceased, nor the realities of modern family life. So, what happens if you don’t have a will in Australia—and why does it matter
Why Do So Many People Die Without a Will?
Most people don’t plan to die intestate. Often, it’s simply a case of not getting around to it. Some assume they don’t have enough assets to justify a will, others feel uncomfortable confronting the topic of death, or can’t decide who to appoint as executor or guardian. In other cases, people believe they’ve already made a valid will, only to later discover it was never signed properly, was inadvertently revoked, or has been lost altogether.
A person may also die intestate if they had a will, but it’s deemed invalid—for example, if it was signed when the person lacked legal capacity, or if formal witnessing requirements were not met. These technicalities can have serious consequences for families left to deal with the estate.
What Happens If You Don’t Have a Will in Australia?
If there is no valid will when you pass, the estate will be administered under intestacy laws. In Queensland, this means the Succession Act 1981 (Qld) applies. Instead of your assets being distributed according to your wishes, they will be divided based on a statutory formula that prioritises certain family members in a set order.
The first step is for someone (usually a next of kin) to apply to the Supreme Court for what’s known as Letters of Administration. This legal document authorises them to manage and distribute the estate in the absence of a will. Unlike a grant of probate (which confirms the validity of a will and the authority of the named executor), a grant of letters of administration appoints an administrator, often the person with the largest entitlement under the intestacy rules.
But this process is rarely straightforward. When multiple people feel they have a claim to administer or benefit from the estate, disagreements often arise. Without a will to clarify the deceased’s intentions, disputes are more likely, which can be costly, stressful, and time-consuming to resolve.
If you’re unsure how this process works or what your role might be, it is best to speak to a family lawyer with expertise in wills and estate planning.
How Is the Estate Distributed?
In Queensland, the rules of intestacy prioritise spouses, children, and other relatives in a fixed hierarchy. If the deceased leaves a spouse but no children, the spouse usually inherits the entire estate. However, if there are both a surviving spouse and children (including stepchildren), the estate may be split in ways that surprise or disadvantage one party.
For example, children from previous relationships may receive a share even if they had little involvement in the deceased’s life. And in the absence of close family, the estate could be distributed to more distant relatives the deceased may never have intended to benefit.
These outcomes can be especially difficult in blended families, informal relationships, or situations where there was a clear but undocumented intention to provide for someone not recognised by intestacy law.
Can You Challenge an Intestate Estate?
Yes. If someone had a close relationship with the deceased but believes they have not been adequately provided for, they may be able to bring a family provision claim under the Succession Act. Those who may meet the eligibility requirements to make a claim include de facto partners, stepchildren, or others who were financially dependent on the deceased.
However, these claims must be lodged within strict timeframes and supported by strong evidence. Without a valid will, there’s often more uncertainty, which can make litigation more likely.
To explore this further, see our guide to challenging a will or estate in Queensland, which also applies to intestate estates.
Dying Without a Will: How We Can Help
When someone dies without a will, it can leave loved ones with more questions than answers at a time when grief is already overwhelming. The legal process is often more complex, slower, and more prone to disputes, especially if family relationships are strained or the estate involves blended families or informal arrangements.
At Pullos Lawyers, we provide clear, compassionate, and solutions-focused advice to help you navigate this uncertainty. If you’re currently managing the estate of someone who passed without a will, or you’re trying to understand how intestacy laws affect your rights, it’s important to seek early legal advice. We also work with individuals planning ahead, helping ensure their wishes are legally documented and their loved ones protected. For further reading, you can explore our article on discussing your will and estate planning with loved ones, as well as whether a spouse automatically inherits everything after death.
To speak with a skilled lawyer about your specific situation, we invite you to contact us or call us on (07) 5526 3646.
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