What You Need to Know About Dying Without A Will?

If one has passed away without a Will and with no executor appointed, their family will not be left with any formal instructions to help them determine what happens with the estate. Dying without a Will is known as dying intestate, and this is not an ideal situation.

How Will the Estate be Distributed When There is No Will?

The distribution of an intestate estate is predetermined by a statutory formula. This formula sets out who benefits from the estate and in what proportions (that is, the order of priority).

If the deceased had no will and no partner, the estate will be distributed to relatives in this order:
1. Parents
2. Siblings
3. Grandparents
4. Uncles and aunts
5. Cousins.

If there are no living relatives found, the estate will pass to the state government.

As expected, a distribution determined in this way can create significant problems. For example, a surviving spouse may end up having to share a substantial part of the estate with children or stepchildren, or part of the estate might pass to relative who had little or nothing to do with the deceased. This is why dying without a Will can be problematic as your estates may not be distributed to the ones who are most important to you.

Disadvantages of Dying Interstate

Dying without a Will creates uncertainty and is more likely to result in a dispute.

It can cause delay and additional expense if those left behind argue about who is to be appointed as the administrator and whether or not the intestate distribution adequately provides for those people closest to the deceased.

If you would like to prepare Will, Straits Lawyers are now offering an online package for Advance Care Directives and Wills. Simply purchase our package via this link: https://straits-lawyers.square.site/product/will-and-advance-care-directive-package-/13

Alternatively, if you would like to know more about your rights and options, you can email us at info@straitslawyers.com or call at 08 8410 9069 to find out more.

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.