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What happens when the deceased has no will or final wishes?

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.

Sean Hall
Sean Hall
Sean Hall is our law writer, and he’s been a conveyancing and family law lawyer for over 15 years. He’s adept at breaking down complicated legal jargon in layman’s terms so that his readers have a better grasp of the legal landscape, no matter what angle they approach it from.

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