What Happens if You Die Without a Will?

If a person dies without a valid Will, they are considered to have died intestate. This creates a challenging situation as no wishes of the deceased may be performed without having a valid Will.

Applying for Letter of Administration

In circumstances where a person dies intestate, the next of kin of the deceased are generally advised to apply for ‘letters of administration’ to administer the deceased’s estate. Letters of administration are granted by the Supreme Court of South Australia to next of kin. This can simply be done by personally sending in the appropriate paperwork, instructing a solicitor to do it on their behalf, or by requesting the Public Trustee to act as an administrator of the estate.

The burden will then rest upon the administrator to ensure that the deceased’s assets are distributed to their rightful inheritors. As there is no valid Will, the deceased estate will be distributed according to the order listed in the Administration and Probate Act 2019 (SA).

Which Family Members are Given the Assets First?

In South Australia intestate assets are distributed to the closest living relatives of the deceased. If no family members can be found, the state itself is awarded the assets.

Refer to the diagram below for better understanding of the order of distribution.

Intestacy laws in South Australia provide a way of distributing your assets when your wishes are not known but to whom the assets are distributed to probably does not represent your exact wishes. Your estate is the result of your lifetime of hard work thus, it is always the best choice to have a valid Will written to ensure that your wishes will be carried out as how you intended after you are gone.

If you would like to have you Will drafted or if a person you know has died intestate and you would like some assistance, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.