Most people know they should have a Will — but what actually happens if you don’t?
In Queensland, if you die without a valid Will, it’s called dying intestate. And it means you don’t get to decide who inherits your estate or manages your affairs after you pass away.
How Is Your Estate Distributed?
If you die without a Will, Queensland’s intestacy laws (set out in the Succession Act 1981 (Qld)) decide how your assets are divided.
Generally, this means:
- If you have a spouse and no children — your spouse gets everything.
- If you have a spouse and children — your spouse will receive the first $150,000 plus household chattels and the balance of the estate is split between your spouse and children in set proportions.
- If you have no spouse or children — it goes to your next closest relatives (parents, siblings, nieces/nephews, etc.)
This might not reflect your personal wishes and can lead to unintended outcomes, disputes, or people you wouldn’t have chosen receiving a share of your estate.
Who Takes Care of Everything?
Without a Will, no one has automatic authority to manage your estate. Someone will need to apply to the court for permission to administer your estate. Priority to apply is given first to the surviving spouse, then to the children, and if neither is available, to the next of kin such as grandchildren, parents, or siblings — a process that can be:
- Slower
- More complicated
- More expensive
It can also cause unnecessary stress and conflict during an already difficult time.
Why Make a Will?
Having a valid, up-to-date Will ensures:
- You decide who inherits your estate
- You choose trusted executors to handle your affairs
- You can leave specific gifts, personal items or messages for loved ones
- You minimise the risk of disputes or delays
Making a Will with our help is simpler than you might think — and it’s one of the most important steps you can take to protect your loved ones and your legacy.
