No one likes talking about wills. They feel uncomfortable, easy to postpone, and not exactly dinner-table conversation. But dying without a will can turn a difficult time for your family into a stressful, expensive and frustrating process. In plain terms, it’s a pain in the backside — for the people you leave behind.
When someone dies without a will, they are said to have died “intestate”. This means there are no written instructions setting out who should receive their assets, who should manage their estate, or who should look after any children. Instead of your wishes being followed, the law steps in and decides for you.
The first issue is control. Without a will, there is no appointed executor. This means a family member must apply to the Supreme Court to be appointed as an administrator of the estate. This process takes time, costs money, and often creates tension — especially if more than one person thinks they should be in charge. During this period, bank accounts may be frozen and assets cannot be distributed.
Next comes the question of who gets what. Each Australian state has strict intestacy rules that dictate how assets are divided. These rules are formula-based and don’t consider personal relationships, blended families, step-children, or informal promises you may have made. Someone you intended to benefit may receive nothing, while someone you never expected to inherit may end up with a significant share.
Things become even more complicated if you have a blended family. If you have a spouse and children from a previous relationship, the law may split assets in a way that creates conflict or financial hardship. Step-children are often excluded entirely unless they have been formally adopted. This frequently leads to disputes and, in some cases, legal challenges that further delay the process and reduce the estate through legal costs.
If there are minor children, the situation becomes even more serious. Without a will, there are no legally binding instructions about guardianship. While the courts will act in the child’s best interests, your personal wishes may not be known or followed. This uncertainty can be incredibly distressing for families at an already emotional time.
There is also the issue of timing. Estates without a will generally take much longer to finalise than those with one. The added court processes, paperwork and potential disputes mean beneficiaries often wait many months — sometimes years — before receiving anything. In the meantime, ongoing expenses still need to be paid.
In short, dying without a will hands control to the legal system, not your loved ones. It increases costs, delays outcomes, and often causes unnecessary stress and conflict.
The good news is that this is one of the easiest problems to avoid. A properly prepared will ensures your wishes are clear, your estate is managed efficiently, and your family is protected from avoidable complications.
If you don’t have a will — or if yours hasn’t been reviewed in years — now is a good time to act. Reach out to us for guidance on how to get started and ensure your affairs are in order. A small step today can save your family a lot of pain later.