When someone dies without a will, their wishes aren’t considered — not because they don’t matter, but because they were never recorded.
This is known as dying intestate. In practice, it means fixed rules decide what happens instead of personal intention.
The law determines:
- who manages the estate
- who receives assets
- the order in which people are considered
Important: These intestacy rules differ between Australian states and territories. The share a spouse receives, how de facto partners are treated, and the priority order for other relatives can vary. Check the rules in your specific state.
These rules are neutral. They don’t know your relationships, history, or priorities.
A will doesn’t remove emotion, but it can provide direction. Without it, even simple situations can take longer and feel harder than expected.
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