What Happens If You Die Without a Will in NSW? (Intestacy Explained)
If you die without a valid will in NSW, you don't get to decide who inherits your estate — the government does, via a fixed legal formula called intestacy rules.
How intestacy works in NSW
Under the Succession Act 2006 (NSW), your estate is distributed according to a strict order of priority — spouse, then children, then parents, then siblings, and so on — regardless of your actual relationships or wishes.
Key scenarios people don't expect
Married with children: spouse generally receives the estate up to a statutory amount plus personal effects, then splits the remainder with children if it exceeds that threshold
De facto but unmarried: partners can be entitled, but must often prove the relationship legally, which can be a slow, stressful process for a grieving partner
Blended families: outcomes can be genuinely unfair to stepchildren or a current partner, since intestacy law doesn't account for blended family relationships the way most people would want
No spouse or children: estate can pass to parents, then siblings, then more distant relatives — sometimes people you haven't spoken to in years
Who gets guardianship of children
Intestacy rules don't determine guardianship of minor children — that's a separate, often court-driven process without a will specifying your wishes, adding stress and uncertainty during an already difficult time.
Why this matters more than people think
Intestacy doesn't just risk "the wrong person" inheriting — it can mean lengthy legal delays, family disputes, and outcomes that don't reflect your actual relationships or wishes at all.
Conclusion
The good news: this is entirely avoidable and doesn't require a complicated or expensive process. Use our online platform to create your Simple Will and make sure your wishes — not a legal formula — decide what happens.