Dying Without a Will (Intestacy)
Dying without a will, known as intestacy, can create uncertainty for families who are unsure how an estate will be shared or who has the authority to make decisions. This page explains how intestacy rules generally operate, what information may be helpful when identifying potential beneficiaries and how Law Tram provides a secure and obligation-free way to connect with licensed Australian lawyers who can explain your options.
What happens if someone dies without a will in Australia?
When a person dies without a valid will, they are said to have died intestate. In this case, the law — not the family — decides how their assets are distributed. Each Australian state and territory has rules that set out who inherits and in what order of priority.
This often means that spouses, children and other relatives may receive a share of the estate — but not always in the way the deceased might have intended. For blended families or de facto relationships, intestacy can lead to confusion, disputes and unintended outcomes.
Law Tram connects you with lawyers who can explain your rights, help with applying for letters of administration, and ensure that the estate is managed lawfully and fairly.
Law Tram can assist with intestacy matters, including:
- Explaining the laws of intestacy that apply in your state or territory
- Helping spouses, children and other relatives understand their entitlements
- Clarifying rights in blended families, second marriages or de facto relationships
- Assisting with applications for letters of administration (instead of probate)
- Resolving conflicts over who should be the estate administrator
- Advising if someone else is mishandling or delaying estate administration
- Clarifying what happens to jointly owned property or superannuation
- Exploring whether legal action is available to claim a fairer share of the estate
How it works
Confidential and Secure Questionnaire
Start by completing our secure online questionnaire. This step allows you to provide essential details about your legal matter and financial circumstances.
Confidential Legal Snapshots
Law Tram’s advanced technology generates a confidential legal brief summarising your case while keeping your personal details private.
Review by Licensed Australian Lawyers
Your confidential legal snapshot is shared with our network of vetted lawyers who review your case to determine how they can assist.
Connect with a Lawyer
If a lawyer believes they can help, they will initiate a chat with you through the Law Tram platform. Your contact details remain private unless you choose to share them.
No Obligation
You’re under no pressure to retain any lawyer unless you’re confident in their ability to assist. Law Tram empowers you to make informed decisions.
Why choose Law Tram
- Connect with lawyers who understand intestacy and inheritance rules
- Confidential platform to outline your situation and ask questions
- Guidance on what information or documents may be relevant
- No obligation to engage any lawyer you speak with
- Lawyers help you understand the legal considerations involved
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Take the First Step Toward Resolution
Take the first step toward resolution
Law Tram offers a secure, efficient and supportive way to connect with lawyers who understand the legal issues involved when someone dies without a will. Whether your concerns relate to the order of inheritance, identifying next of kin, managing complex family circumstances or understanding the legal steps required, our platform helps you access tailored legal guidance before you decide how to proceed.
Take the first step with clarity and peace of mind by starting your free online consultation with Law Tram now.
Frequently Asked Questions
Intestacy occurs when a person dies without a valid will. State-based laws then determine how their estate is distributed.
Yes, but it depends on the evidence of the relationship and the state or territory. Legal advice is important in these situations.
Usually the next of kin — such as a spouse, child or sibling — applies to the court to be appointed as administrator of the estate.
Generally not, unless legally adopted. However, they may be able to bring a claim if they were financially dependent on the deceased.
Yes. If you believe you were unfairly excluded or not adequately provided for, you may be able to contest the distribution.
Administrators are generally appointed based on a priority list set out in legislation. A lawyer can outline how this order works and what steps may be involved.
In some situations families may reach private agreements, but formal steps may be required to ensure the arrangement is legally recognised. A lawyer can explain the usual processes.
Some jointly owned assets pass outside the intestacy rules. A lawyer can explain how joint ownership is typically treated and how it affects the remaining estate.