When there is no will

Managing an estate with no will

If you die without a will you don’t have any say about how your estate is distributed. This is called dying intestate. 

In this situation, your affairs may be managed by a NSW Supreme Court order under Letters of Administration. This could be: 

• the person with the largest share in the estate
• multiple people if the court considers that appropriate
• NSW Trustee & Guardian in certain circumstances
• any person the court thinks is suitable.

If disputes occur, the process can take time and be costly, both in financial and emotional terms.

Distributing an estate with no will

When there is no will, certain family members and next of kin generally receive a defined amount or proportion of your assets according to a set formula. Additionally:

• if you're in a defacto relationship, it's necessary to supply sworn evidence that the relationship existed
• intestacy (dying without a will) rules differ depending on whether you have children from a previous relationship or whether you only have children from your spouse at your death.

If your only living relatives are more distant than first cousins, your estate could pass to the government.