Estranged Relatives and Unintended Heirs: The Shocking Realities of Intestacy
When someone dies without a will, their estate doesn’t just “go to the family” in a simple and logical way. In Western Australia, intestacy laws dictate who inherits, and the results can be shocking. Long-lost cousins, estranged siblings, or even distant relatives you’ve never met could legally be entitled to your assets. Worse still, if no relatives are found, the estate could go to the state government.
These unintended outcomes can be deeply frustrating for loved ones who were close to the deceased but have no legal claim under WA’s intestacy rules. In this blog, we’ll share real-life stories of unexpected heirs, highlight the flaws in intestacy laws, and explain how you can avoid these issues with proper estate planning in Perth. See our Wills & Estates Planning page for more.
What Is Intestacy?
Intestacy occurs when someone dies without a legally valid will. Without a will, WA’s intestacy laws step in to decide who inherits your estate. These laws follow a strict formula, giving priority to close family members like spouses, children, and parents. But if no immediate family members are found, the estate can end up in the hands of distant relatives — or even the government.
Under the intestacy rules in WA:
• If you have a spouse and children, they share the estate.
• If you have a spouse but no children, the spouse may inherit everything or (depending on the value of the estate) they may be required to share it with the deceased’s parents, siblings or nieces and nephews.
• If you have no spouse or children, the estate passes to parents, siblings, grandparents, and finally, distant relatives such as cousins.
• If no relatives can be found, the estate is forfeited to the State of Western Australia.
These rules don’t consider the unique relationships in your life, which can lead to surprising and, in some cases, unfair results.
Case Study 1: The Long-Lost Cousin Who Got It All
When 58-year-old Peter died suddenly, his closest family member was his long-term partner, Emma. They had been together for 15 years, living as de facto partners, but Peter had never written a will. Under WA intestacy laws, Emma was initially eligible to claim part of the estate as a de facto partner. However, Peter’s estranged child — whom he hadn’t seen in over 30 years — challenged her claim, arguing that their relationship didn’t meet the legal criteria of a de facto relationship.
After months of legal proceedings, the court ruled in favour of the child, and Emma was left with nothing. The child, who had no emotional connection to Peter, inherited his home, car, and savings.
Lesson 1: Without a Will, You Don’t Get to Choose
The law doesn’t always reflect your personal relationships. If you want to ensure your partner or loved ones are taken care of, you must create a valid will. An estate lawyer in Perth can help you ensure your will is legally binding and clearly outlines your intentions.
Case Study 2: The Distant Uncle Nobody Knew About
When Sarah, a 42-year-old nurse, passed away unexpectedly, her estate went into intestacy. She had no spouse or children, her parents had died and she was an only child. Sarah did have close friends and a goddaughter she was very fond of. Her other family relationships were distant, and her friends assumed they might receive something as a token of Sarah’s appreciation for their support.
However, because WA’s intestacy laws require the estate to be passed to relatives, the estate was legally required to go to a distant uncle Sarah had never met. This uncle, living in another state, became the legal heir to her estate. Sarah’s closest friends, who had supported her throughout her life, received nothing.
Lesson 2: Intestacy Follows Family Lines, Not Friendships
If you want close friends, godchildren, or people outside of your immediate family to inherit your estate, you must write a will. Without a will, your estate follows WA’s strict intestacy rules, and distant relatives you’ve never met could end up with your hard-earned assets.
Case Study 3: The Estate That Went to the State Government
John was a private man with no known family. He died suddenly, leaving behind a house, a bank account, and personal belongings. Without a will, the Public Trustee took over the administration of his estate. Investigations were launched to find relatives, but none could be located. With no known heirs, the estate was ultimately forfeited to the State of Western Australia under intestacy laws.
This case sparked outrage from John’s long-time neighbour, Tom, who had been a close friend and carer for John. Tom had assumed he would inherit John’s estate as the “closest person” in John’s life. But WA’s intestacy laws don’t take friendships or close personal relationships into account.
Lesson 3: Without Heirs, the State Claims Your Estate
If no legal heirs can be found, the state takes everything. Writing a will ensures your estate goes to the people or organisations you care about, such as friends or charities.
How to Prevent Intestacy
If you want control over who inherits your estate, the solution is simple: make a will. Creating a will ensures that your estate is distributed according to your wishes, not according to the strict rules of intestacy. Here’s how you can protect your legacy:
1. Write a Legally Binding Will
Work with an estate lawyer in Perth to create a will that’s clear, legally valid, and free from ambiguity. DIY wills often fail to meet legal requirements, which can cause them to be declared invalid or result in costly legal arguments to prove them in court.
2. Appoint an Executor
An executor is responsible for carrying out the terms of your will. Without a clear executor, the Public Trustee may be appointed to administer the estate, which can be costly and time-consuming.
3. List Your Beneficiaries
Clearly name your beneficiaries, including family, friends, charities, or anyone else you wish to leave something to. If you don’t name them, WA’s intestacy rules may take over. It is possible to die partially intestate, where some of your estate is subject to intestacy rules.
4. Review and Update Your Will Regularly
Life changes happen — you may get married, have children, or acquire new assets. Update your will when major life events occur.
5. Use Testamentary Trusts
If you have minor children, vulnerable beneficiaries, or blended family dynamics, a testamentary trust can help protect their inheritance.
Don’t Let Intestacy Take Control of Your Legacy
The consequences of intestacy are clear:
• Your loved ones may not inherit anything.
• Distant relatives — or even the State — could end up with your estate.
• The people who supported you in life, like close friends or carers, may be left with nothing.
To avoid this, you need a will. A will ensures that your estate is distributed according to your wishes, protecting the people and organisations you care about most. Don’t let the law decide where your legacy goes.
At Bechelet & Co, our estate lawyers in Perth can help you create a will that ensures your estate goes to the people you care about. We offer a complimentary 15-minute consultation to get you started.
See our Wills & Estates Planning page for more.
Book your free consultation today:https://bechelet.co/contact