The term, dying ‘intestate’ is given to a person who dies without a valid Will. This means that their estate is not distributed according to their wishes.
When a person dies without a valid Will, their estate is distributed according to the provisions of the Succession Act 2006. This means that if the deceased has a living spouse and children, the entire deceased’s estate is given entirely to the living spouse.
It is also important to remember that if the deceased has a living spouse, but has children from another relationship, the living spouse is entitled to a ‘statutory legacy’ in addition to half of the estate. The other half would be divided between the children.
The important question is, “Why should you make a Will?”
If you die without a Will, your estate will be distributed not according to your wishes, but according to the laws of the State or Territory in which you live. Dying without a Will can also create unnecessary disputes between your living relatives regarding how your estate should be divided.
It is always better to avoid uncertainty and conflict. Call us to make an appointment so that we can help you write down your wishes.