What Happens If You Die Without a Will?
If you pass away without a valid Will in South Australia, your estate will be distributed under the law of intestacy, as set out in the Succession Act 2023.
This means your assets may be divided according to a legal formula that does not reflect your wishes.
The law specifies who is entitled to inherit and in what order, regardless of your relationships or intentions.
How Is Your Estate Distributed Without a Will?
If You Have a Spouse or Domestic Partner, but No Children
Your entire estate will go to your spouse or domestic partner.
If You Have a Spouse or Domestic Partner, and Children, and the Net Worth of Your Estate Is $120,000 or Less
Your spouse or domestic partner will inherit the whole of your estate.
If You Have a Spouse or Domestic Partner, and Children, and the Net Worth of Your Estate Is More Than $120,000
Your spouse or domestic partner will receive:
- $120,000, and
- Half of the remaining balance of your estate.
The other half of the remaining balance will be divided equally among your children.
Your spouse or domestic partner may not be entitled to your estate in some circumstances. For example, if you had entered into a property settlement agreement shortly before your death, they may no longer be eligible to inherit.
If You Do Not Have a Spouse or Domestic Partner
If You Have Children
Your estate will be divided equally among your children.
If one of your children has died before you, their children (your grandchildren) will inherit your deceased child’s share in equal parts.
If You Have Grandchildren but No Children or Spouse
Your estate will be divided equally among your grandchildren.
If You Have Parents but No Spouse, Children, or Grandchildren
Your estate will be divided equally between your parents.
If only one parent is surviving, that parent will inherit your entire estate.
If You Have Siblings but No Spouse, Children, Grandchildren, or Parents
Your estate will be divided equally among your siblings.
If one of your siblings has died, their children (your nieces and nephews) will inherit their parents’ share in equal parts.
If all your siblings have died, their children (your nieces and nephews) will inherit the estate in equal parts.
If You Have Grandparents but No Other Immediate Family
Your estate will go equally to your grandparents.
If You Have Aunts or Uncles but No Closer Relatives
Your estate will go equally to your parents’ siblings.
If any of them have died, their children (your cousins) will inherit their deceased parent’s share in equal parts.
If Only Distant Relatives Survive
If there are no closer relatives, your estate will go to the children of your cousins in equal parts.
If You Have No Surviving Relatives
If there are no living relatives, your estate will be transferred to the Government.
Letters of Administration
If you die without a Will, an estate administrator must apply to the Supreme Court of South Australia for a grant of Letters of Administration.
The administrator may engage a lawyer to assist with the application. This process can be more complex when the estate includes multiple assets or a large number of potential beneficiaries.
Contact Us
For more information about passing away without a Will, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
- Fill in our enquiry form here
- Call us on 08 8362 5269
- Like us on Facebook
- Follow us on LinkedIn
You can also read more about our estate administration services here.
Related Blog – When & Why Update Your Will & Estate Planning
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