It’s one of the most common questions we’re asked.
Often it comes from someone who has just lost a parent. Sometimes it’s from a young family who suddenly realises they don’t have anything in place.
If you die without a valid Will in New South Wales, you die “intestate”.
That means you do not decide who receives your assets. The law does.
The rules are set out in the Succession Act 2006, and they apply automatically, regardless of what you may have intended.
Who deals with the estate?
If there is no Will, there is no executor.
A spouse or close family member must apply to the Supreme Court of New South Wales for Letters of Administration. Many people assume this is the same as probate. It isn’t.
Where there is a Will, the executor applies for probate.
Where there is no Will, someone must ask the Court for authority to administer the estate.
That process can take time. It can also become complicated if more than one person believes they should be in control.
Who Inherits?
The law sets out a strict order.
If you leave a spouse and all children are from that relationship, the spouse generally receives the whole estate.
If there is a spouse and children from a previous relationship, the spouse receives personal effects, a fixed statutory amount, and part of the remainder. The balance goes to the children.
This is where things often unravel in blended families. We regularly see disputes arise in second marriage situations where everyone assumed “it would just go to my spouse” – but the legislation says otherwise.
If there is no spouse, children inherit equally.
If there are no children, the estate moves up the family tree – parents, siblings, extended relatives.
If no eligible relatives can be identified, the estate ultimately passes to the State.
The practical consequences
For some families, the outcome under intestacy roughly reflects what they would have chosen.
For others, it creates real problems:
- No ability to appoint guardians for minor children
- No testamentary trust for asset protection
- No flexibility for tax planning
- No control over how or when beneficiaries receive funds
- Increased risk of estate disputes
If you are a business owner, hold investment property, or have children from more than one relationship, dying without a Will can produce consequences you would likely never have agreed to.
It is also more expensive in the long run. Families who search for a “probate lawyer near me” or “letters of administration NSW” are often already dealing with delay, stress and uncertainty that could have been avoided with a properly drafted Will.
Why this matters
The intestacy rules are designed as a default framework. They are not tailored advice.
They do not account for blended families.
They do not protect inheritances from divorce.
They do not create testamentary trusts.
They do not reflect personal wishes.
They simply apply.
This is why so many people eventually look for a will lawyer in Sydney or an estate planning solicitor in Parramatta – usually after seeing firsthand what happens when there isn’t one.
How RM Legal Can Assist
At RM Legal, we assist clients across Western Sydney with practical estate planning that reflects real family structures and real asset positions.
We advise on:
- Drafting Wills
- Testamentary trusts
- Guardian appointments
- Probate applications
- Letters of Administration
- Estate disputes
We also provide clear advice on cost before work begins. Many clients understandably want to know what it will cost to draft a Will in NSW or how much probate fees are likely to be. Transparency matters.
If you would like to ensure your estate is distributed according to your wishes – not according to a statutory formula – you can contact RM Legal to arrange a confidential consultation.
It is always simpler to decide these matters yourself than to leave them for your family and the Court to resolve later.
