What Happens If You Die Without a Will in WA?
If you pass away intestate in WA, the Administration Act 1903 (WA) dictates how your estate is divided among your family. The distribution depends on your surviving relatives:
If you have a spouse but no children – your spouse may have to share the estate with your parents and siblings.
If you have a spouse and children – Your spouse receives the first $472,000*, the household chattels, and one-third of the remainder. Your children share the remaining two-thirds. (*This figure applies if the person passed away after 30 March 2022)
If you have children but no spouse – Your estate is divided equally between your children.
If you have no spouse or children – The estate passes to your parents and siblings. If your siblings are deceased, their share goes to your nieces and nephews.
If no eligible relatives exist – The estate is forfeited to the WA government.
This process can be time-consuming, and disputes may arise if family members contest the outcome. The complexities of intestate law in Perth highlight why planning your estate distribution in advance is crucial.
What Are the Risks of Dying Without a Will?
Unintended Beneficiaries – Your assets may not go to the people you intended to benefit.
Delays in Estate Administration – Without a clear executor, the Supreme Court must appoint an administrator, which can take months if there is a dispute about who should apply for the role.
Higher Legal Costs – Disputes and administrative complexities can significantly increase legal fees.
No Control Over Guardianship – If you have minor children, you won’t have a say in who becomes their legal guardian.
Business Complications – If you own a business, its future may be uncertain without clear directives.
The Importance of Estate Planning
Creating a will ensures that your wishes are legally documented, helping to avoid disputes and unnecessary stress for your loved ones. Many people hesitate to create a will, either because they assume it is expensive or believe it is only necessary for the elderly. However, having a will in place is essential at any stage of life, particularly if you own property, have children, or run a business. If cost is a concern, understanding how much a will costs in WA can help you make an informed decision about your estate planning.
If you already have a will, reviewing it regularly is just as important as creating one. Life circumstances change—marriage, divorce, children, and financial shifts can all impact your estate plan. Knowing how often you should update your will ensures it remains relevant and reflective of your current wishes.
Learn more about will and estate planning in WA.
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Frequently Asked Questions
Can an intestate estate be contested?
Yes, eligible people—such as a spouse, de facto partner, children, or financial dependants—can contest an estate if they believe they have not been adequately provided for.
How long does intestate estate distribution take?
It depends on the complexity of the estate, but it can take anywhere from six months to several years.
Can I create my own will?
DIY will kits exist, but they can lead to legal complications if not correctly drafted. A professionally prepared will is always recommended.
Plan Your Estate Today
Avoid the risks of intestacy by creating a will tailored to your circumstances. Whether you're considering estate planning for the first time or updating an existing will, seeking professional advice is key to ensuring your wishes are met.
If you’re unsure where to start, find out how much a will costs in WA or learn how often you should update your will. Understanding the cost and timing of will updates will help you stay on top of your legal affairs.
For professional guidance, get in touch with an estate planning specialist today and secure peace of mind for you and your loved ones.
Extra Resources
How Much Does a Will Cost in WA? – Understand the costs involved in drafting a legally valid will and how professional advice can help you plan effectively.
How Often Should You Update Your Will? – Life changes, and so should your will. Learn when and why you should review and update your estate plan.
Book your free consultation today: https://bechelet.co/contact