Most people who pass away have a legally binding will, which stipulates how their estate and assets should be distributed. In some cases, however, no will can be found, which means the person died “interstate” – meaning without a will or final testament.
It is believed that if you die without a will, your estate goes directly to the Crown. This is not true. The Succession Act 2006 outlines that eligible relatives will inherit your estate. These are known as intestacy rules. It is only if you do not have any eligible relatives or family contacts that your estate will be passed on to the State.
To avoid any confusion, it is strongly recommended that you make a will. This ensures that your family is protected if you suddenly pass away. Having control over your estate also ensures that you can leave your estates to those who need it the most.