The Hidden Dangers of Dying Without a Will in WA

When it comes to planning for the future, many of us are guilty of procrastination, especially when it involves writing a will. But what happens if you pass away without a will in Western Australia? The consequences can be far more dramatic than you might imagine, leaving your loved ones to face not only grief but also legal and financial chaos. In this post, we’ll explore some real-life scenarios that highlight the hidden dangers of dying without a will and discuss key aspects of WA estate law.

1. The Law Decides, Not You

In WA, if you die without a will (a situation known as “intestacy”), the intestacy laws in WA dictate how your assets are distributed. This can mean that the people you care about most may not receive anything, or your estate could be passed to estranged or distant relatives. For example, Jane, a young professional who passed away unexpectedly, had her assets distributed under WA’s intestacy rules. Her long-term partner who wasn’t considered de facto, whom she had intended to leave her estate to, received nothing, while distant relatives she hadn’t seen in years became the unexpected beneficiaries. A Perth wills lawyer could have helped her prevent this.

2. Family Feuds and Emotional Turmoil

Dying intestate often leads to bitter disputes among family members, sparking will disputes in Perth that can be emotionally and financially draining. The Smith family faced such a situation when their patriarch, David, passed away without a will. His children from two different marriages were left to fight over his estate, resulting in a costly legal battle that strained relationships and left the family divided forever. Seeking guidance from an estate planning lawyer in Perth can help prevent these painful inheritance conflicts.

3. Delayed Estate Administration

Without a will, administering an estate becomes significantly more complex and time-consuming. The Public Trustee WA or a court-appointed administrator may need to step in, causing delays. Mark’s family experienced this firsthand when his estate, left intestate, took over a year to resolve. An experienced estate administration lawyer in Perth can help avoid such delays and make the process smoother for your loved ones.

4. Vulnerable Loved Ones Left Unprotected

One of the most heart-wrenching dangers of dying without a will is the potential for leaving vulnerable loved ones unprotected. Take Emily, a single mother who passed away suddenly. Because she hadn’t named a guardian for her young children in a will, the family court had to make that decision. Her children were placed with relatives Emily would never have chosen, causing distress and upheaval for the children during an already traumatic time. Estate planning in WA can prevent such outcomes and protect your loved ones.

5. Unexpected Heirs and Unintended Outcomes

WA’s intestacy laws can lead to surprising and often unintended outcomes. If you don’t have a spouse or children, your estate could end up in the hands of extended family members you barely know. In some cases, estates have even gone to the government when no eligible relatives could be found, leading to unclaimed estates. Imagine your life’s work ending up as unclaimed assets simply because you never took the time to put your wishes in writing. Estate distribution in WA can be unpredictable without a will.

How to Protect Your Loved Ones

Creating a will is the simplest and most effective way to ensure your assets are distributed according to your wishes and to protect the people you care about most. Here’s what you can do today:

• Make a list of your assets and decide who should inherit them.

• Consider appointing a trusted person as executor to manage your estate.

• Think about who you would want as guardians for your children.

• Consult with an experienced estate planning lawyer in Perth to make sure your will is legally sound.

Don’t Leave Your Family’s Future to Chance

The stories shared here illustrate the real and often devastating consequences of dying without a will. By taking action now, you can protect your loved ones from legal battles, financial hardship, and emotional distress. At Bechelet & Co, we specialise in wills and estates law in WA and are here to guide you through every step of the process. Don’t wait for tomorrow—start planning today to secure the future of those you care about most.

At Bechelet & Co, we offer a complimentary 15-minute consultation to discuss your estate planning needs.

Book your free consultation today: https://bechelet.co/contact

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