If you pass in New South Wales without a valid will, the state uses a strict legal formula called intestacy laws to decide what happens to your stuff. Basically, the government steps in and follows a fixed list of relatives to distribute your house, bank accounts, and personal items, regardless of what you might have actually wanted. To save their families from a massive legal headache, many people get in touch with estate planning lawyers in Sydney to make sure their assets actually end up with the right people. Without those protections, the state just follows the Succession Act, which often leads to a split that doesn’t really reflect your actual family ties or friendships.
The Order of Inheritance Under NSW Law
When you don’t leave a will, the law follows a “next of kin” pecking order that’s pretty rigid. Usually, a spouse or de facto partner is at the top of the list. If you have kids with that same partner, they typically get everything. But things get messy fast if you have children from a past relationship. In that scenario, the estate often gets split between your current partner and those children, which can force the sale of the family home just to pay everyone out. This is exactly why people seek out professionals—to keep these kinds of forced decisions from happening.
If there’s no spouse or children, the court starts climbing your family tree to find an heir. They’ll look for:
- Parents and Siblings: If your parents aren’t around, your brothers and sisters (including half-siblings) are next.
- Extended Family: If that fails, it moves to grandparents, then aunts and uncles, and eventually down to your first cousins.
Risks for De Facto Partners
In Sydney, proving a de facto relationship after a partner passes away can be a huge hurdle. Unlike a marriage certificate, which is pretty much definitive, a de facto partner often has to dig up mountains of evidence to prove they were together for at least two years or have a child together. It usually means handing over private bank statements, old lease agreements, and even witness statements—all while you are still dealing with intense grief.
Complications with Minor Children
If you have children under 18 and pass away without a will, the law also steps in to decide who manages their inheritance until they grow up. Usually, this money is held by the NSW Trustee and Guardian, which can make it a real hassle to access funds for the child’s school fees or daily
Take Control of Your Legacy
Leaving your estate up to state law is a gamble that rarely ends well for the people you leave behind. It almost always leads to extra stress, higher legal bills, and the potential for family rifts that never quite heal. If you want to make sure your partner is taken care of and your kids are protected, you really need to get a formal plan on paper. Reach out to a local specialist this week to put together a document that reflects your actual wishes and gives your family some peace of mind.
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