What Happens to a Deceased Estate Without a Will in NSW?
Losing a loved one is never easy. When someone passes away without a valid will, it can create extra stress for the family left behind, especially when it comes to sorting out their assets and legal affairs.
In New South Wales, this situation is known as dying intestate, and there are specific laws that guide how the deceased estate is handled.
What Is Intestacy?
If a person dies without a Will, they are said to have died intestate. This means there is no legal document stating who should receive the person’s assets, who should manage their estate, or what their wishes were for things like guardianship or funeral arrangements.
In these situations, the Succession Act 2006 details how the estate is to be distributed. Chapter 4 of the Succession Act 2006 Act sets out a clear structure and order in relation to who will inherit your estate if you have died intestate, but this is not always what the deceased person might have wanted.
Who Administers the Estate Without a Will?
When there is no appointed executor (as would be named in a Will) or the executor is not willing or able to act, a person who is entitled to a portion of the estate must apply to the Supreme Court of NSW seeking a court order for Letters of Administration within 6 months from the date of death.
This provides the person with the legal authority to manage the estate.
The person who applies is usually:
- A spouse or de facto partner
- An adult child
- A close family member
If there are multiple eligible people, they may apply jointly or nominate one person to act.
How Are Assets Distributed in a Deceased Estate?
The distribution of a deceased estate without a Will in NSW is governed by the Succession Act 2006. This sets out a strict order of inheritance.
Here’s a simplified version of what it usually looks like:
- Spouse or de facto partner:
Receives the whole of the estate if the deceased person has no children, or if the children are also the spouse or de facto partner’s children.
- Spouse and children from different relationships
The estate is split according to a set formula as set out in Part 4.2 of the Succession Act 2006.
- Children
Share the estate in equal shares if there is no surviving spouse.
- Parents, siblings, nieces/nephews, extended family
If there is no spouse or children, the estate will go to relatives in accordance with the above order of succession..
- The State of NSW
If no relatives can be found, the estate may go to the State.
These rules apply regardless of the closeness of the relationship or the deceased’s personal wishes.
Can the Estate Still Be Contested?
Yes. Even without a Will, certain people, such as a spouse, child, or other dependent, may still have the right to contest the distribution of the estate if they believe they have been unfairly left out.
This is a complex area of law, and strict timeframes apply, so it is best to get advice as soon as possible.
Looking After Loved Ones Left Behind
At De Saxe O’Neill Family Lawyers, we understand how overwhelming it can be to manage legal and financial responsibilities while grieving. If you’ve lost someone who didn’t leave a will, you don’t have to face it alone.
Our team can help you:
- Apply for Letters of Administration
- Navigate NSW intestacy laws
- Finalise and distribute the estate
- Resolve family disputes with care and clarity
Support When You Need It
Dying without a Will can create legal and financial challenges for your loved ones. To provide peace of mind to yourself and your family, and to ensure that your estate is managed and divided in accordance with your wishes, it is suggested that you have a valid Will. If you haven’t yet made a Will, or if it’s time to update one, our team is here to help.
Learn more about how we can help on our Deceased Estates page, or contact our team for personal advice.
