Losing a parent is one of life’s most painful experiences. On top of grief and emotional exhaustion, families are often left facing difficult legal questions about who inherits property, who makes decisions, and how assets are divided. When there is no valid will, things can become even more complicated. In New South Wales, strict laws decide what happens to a person’s estate if they die intestate (without a will). At Golottas Solicitors, we guide families across Western Sydney through this process with compassion, clarity, and the legal expertise needed to protect your family’s interests.
This in-depth guide explains what intestacy means, who receives assets, what risks families face without a will, and how you can safeguard your loved ones from unnecessary stress and conflict.
What Does “Dying Intestate” Mean?
When a person dies without a valid will, they are said to have died intestate. This means their estate is distributed according to a fixed legal formula in the Succession Act 2006 (NSW), rather than according to personal wishes. The NSW intestacy rules apply to all assets owned solely by the deceased, including houses, cars, bank accounts, and investments.
Intestacy laws do not consider family dynamics or verbal promises. They are designed to create a fair and predictable process, but they can lead to outcomes that the deceased may never have intended.
| Scenario | What It Means |
| The deceased left no will | Their estate is divided under the NSW intestacy hierarchy |
| There is a partial will (missing clauses or signatures) | Only the valid parts are applied; the rest follows intestacy rules |
| The will was invalidated (e.g. unsigned or outdated) | The estate is treated as if there was no will |
| Assets are jointly owned | They usually pass automatically to the surviving joint owner |
If you believe a will was lost, forged, or incomplete, it is vital to seek advice from an experienced wills and estates solicitor in NSW.
Who Inherits When a Parent Dies Without a Will in NSW?
The NSW intestacy hierarchy determines who inherits a deceased person’s estate. The order depends on surviving relatives.
| Order of Priority | Who Inherits | Example of Distribution |
| 1. Spouse or de facto partner | Receives entire estate if no children from another relationship | Husband or wife receives 100% |
| 2. Spouse and children from another relationship | Spouse receives personal effects, $350,000 statutory legacy (indexed), and half of remainder; children share the rest | Second marriage or blended family |
| 3. Children only (no spouse) | Children share equally | Two adult children share 50% each |
| 4. Parents (if no spouse or children) | Parents share equally | Both parents receive 50% each |
| 5. Siblings | Shared equally among brothers and sisters | Three siblings share 33% each |
| 6. Grandparents | Shared equally | Two grandparents receive 50% each |
| 7. Aunts and uncles | Shared equally | Four relatives share 25% each |
| 8. No surviving relatives | Estate passes to the NSW Government (bona vacantia) | No eligible family found |
Who Administers the Estate Without a Will?
When there is no will, no executor has been appointed to manage the estate. Instead, an eligible family member or close friend must apply to the Supreme Court of NSW for Letters of Administration.
| Step | Description |
| 1. Application | A next of kin (usually spouse or adult child) applies to the court for authority to manage the estate. |
| 2. Grant of Letters of Administration | The court formally appoints an administrator. |
| 3. Collecting assets | The administrator gathers property, closes bank accounts, and identifies debts. |
| 4. Paying debts | Funeral costs, taxes, and outstanding liabilities are paid. |
| 5. Distributing the estate | Remaining assets are distributed according to the intestacy hierarchy. |
The administrator’s role is complex and carries personal legal responsibility. If mistakes are made, they can be held liable for financial loss. That is why it is essential to obtain legal guidance from Golottas Solicitors before applying for Letters of Administration in NSW.
Common Risks When There Is No Will
Without a will, families face emotional and financial stress that could have been avoided. Some of the biggest risks include:
1. Family Disputes
Disagreements over who should inherit or administer the estate are common, particularly in blended families. Adult children from different relationships may have conflicting views, leading to delays and costly litigation.
2. Financial Hardship
Accessing funds can take months because banks often freeze accounts until Letters of Administration are granted. This can cause hardship for dependents who relied on the deceased’s income.
3. Unintended Beneficiaries
The law may give assets to distant relatives while excluding close friends, stepchildren, or carers. Without a valid will, the court must follow the statutory order, even if it seems unfair.
4. Superannuation Confusion
Superannuation does not automatically form part of the estate. The trustee of the fund decides who receives it unless there is a valid binding nomination. Many families are unaware of this and lose significant entitlements.
5. Estate Goes to the State
If no eligible relatives are found, the estate passes to the NSW Government. This is rare but can happen when documentation is incomplete or family connections are unclear.
At Golottas Solicitors, we help families prevent and resolve these issues by preparing wills early, managing estate disputes, and assisting with claims under the Family Provision Act if someone has been unfairly left out.
Case Example: Blended Family Without a Will
Consider this example based on a typical Western Sydney household:
- A father passes away leaving a de facto partner and two adult children from a previous marriage.
- There is no will.
Under the intestacy rules, the de facto partner receives the father’s personal effects, a $350,000 statutory legacy, and half the remainder of the estate. The two children share the remaining half. This can cause emotional distress and tension between family members, particularly if the home needs to be sold to divide assets.
Had there been a valid will, the father could have directed that his partner stay in the home for life while leaving the balance to his children later. A carefully drafted will allows flexibility and fairness, intestacy does not.
De Facto Relationships and Intestacy
Many people in Western Sydney live in de facto relationships without realising how it affects inheritance rights. A de facto partner is legally recognised under the Succession Act 2006 (NSW) if:
- The relationship was genuine and ongoing;
- The couple lived together for at least two years, or had a child together; and
- They shared finances, property, or a domestic life together.
Proof is required, often through shared bank statements, tenancy agreements, or joint bills. Disputes commonly arise when adult children from previous relationships challenge the de facto partner’s entitlement.
Golottas Solicitors helps partners gather the necessary evidence to establish their rights and prevent unjust outcomes under intestacy law.
How Superannuation and Life Insurance Are Treated
Superannuation and life insurance do not automatically form part of the estate unless there is a binding death benefit nomination naming the “legal personal representative”.
| Asset Type | What Happens Without a Will |
| Superannuation | Trustee decides which eligible dependants receive payment. |
| Life Insurance | Paid to nominated beneficiary or, if none, becomes part of the estate. |
| Joint Bank Accounts | Automatically transfer to the surviving account holder. |
| Jointly Owned Property | Passes directly to the surviving co-owner (right of survivorship). |
Failing to update nominations can result in funds going to the wrong person. Golottas Solicitors can review your superannuation and insurance arrangements to ensure your family receives what you intend.
Family Provision Claims: When Someone Is Left Out
Even under intestacy, certain people can challenge how an estate is distributed. The Family Provision Act 1982 (NSW) allows eligible persons to apply to the Supreme Court for a family provision order if they believe they were not properly provided for.
Eligible applicants include:
- Spouse or de facto partner
- Children, stepchildren, or adopted children
- Dependants or members of the household who relied on the deceased
The court considers the applicant’s needs, financial situation, and relationship with the deceased. These claims can delay finalisation and reduce the value of the estate due to legal costs.
At Golottas Solicitors, we assist both applicants and administrators in managing these disputes efficiently, seeking negotiated outcomes to preserve family relationships where possible.
Why Proper Estate Planning Matters
Creating a legally valid will is one of the simplest yet most powerful ways to protect your family. It ensures that your wishes are respected, avoids disputes, and can save thousands in legal costs and taxes.
Benefits of a valid will include:
- Certainty: Your estate is distributed according to your exact instructions.
- Control: You decide who acts as executor and manages your affairs.
- Protection: You can make specific provisions for children, stepchildren, or dependants.
- Tax Efficiency: Strategic planning can reduce tax liabilities for beneficiaries.
- Peace of Mind: Your loved ones are spared the complexity of intestacy proceedings.
Golottas Solicitors offers tailored wills and estate planning services across Western Sydney, ensuring every document complies with NSW law and reflects your personal circumstances.
How to Protect Your Family From Intestacy
| Step | Action | Why It Helps |
| 1 | Create a valid will | Prevents automatic application of intestacy laws |
| 2 | Update your will after major life events | Keeps instructions current after marriage, divorce, or new children |
| 3 | Appoint a trusted executor | Ensures assets are managed responsibly |
| 4 | Review superannuation nominations | Aligns death benefits with your estate plan |
| 5 | Store your will safely | Avoids loss or uncertainty about its location |
| 6 | Consult a solicitor | Guarantees compliance with NSW succession law |
At Golottas Solicitors, we work closely with families to draft wills, set up powers of attorney, and plan ahead for medical and financial decisions.
Frequently Asked Questions
- What happens if both parents die without a will?
The estate is divided equally among surviving children. If the children are minors, funds are held in trust until they turn 18. - Can stepchildren inherit under intestacy laws?
No, unless they were formally adopted or can claim under the Family Provision Act. Stepchildren are not automatically recognised beneficiaries. - What if my parent had property in joint names?
Joint property passes directly to the surviving co-owner and does not form part of the intestate estate. - How long does it take to finalise an intestate estate?
Typically between six months and two years, depending on disputes, asset complexity, and court processes. - Can I contest the estate if I was financially dependent?
Yes, you may be eligible to make a family provision claim. Seek legal advice as soon as possible, as strict time limits apply.
Why Choose Golottas Solicitors
For more than a decade, Golottas Solicitors has helped families across Western Sydney manage complex estate matters with professionalism and care. Our experienced wills and estates lawyers provide clear, practical advice on:
- Applying for Letters of Administration
- Resolving inheritance disputes
- Preparing valid wills and enduring powers of attorney
- Protecting vulnerable family members
- Managing family provision claims
We pride ourselves on combining legal precision with compassion. Every family situation is unique, and our goal is to deliver peace of mind and fairness for every client.
Key Takeaways
| Topic | Summary |
| Dying without a will (intestacy) | The estate is distributed under the Succession Act 2006 (NSW) |
| Intestacy hierarchy | Spouse, children, parents, siblings, and extended family in that order |
| Letters of Administration | Required to manage and distribute assets |
| Risks | Disputes, financial hardship, and loss of control |
| Solution | Draft a valid will with a qualified solicitor |
Conclusion
When a parent passes away without a will, emotions run high and legal complexity quickly follows. Intestacy laws decide how assets are divided, not family relationships or intentions. The best way to protect your loved ones is to have a clear, valid will prepared by an experienced solicitor.
If you are dealing with a parent’s estate or need guidance on preparing your own will, contact Golottas Solicitors today. Our dedicated team of wills and estate lawyers in Western Sydney can help you understand your rights, administer the estate efficiently, and safeguard your family’s future.
Visit our Wills & Estates page to learn more, or call us to arrange a confidential consultation with one of our trusted solicitors.
