What Happens If You Die Without a Will in Western Australia?
Nearly half of all Australians pass away without a valid Will - referred to as dying intestate. If you die without a Will, your estate is distributed according to the Administration Act 1903 (WA) rather than your personal wishes. This means the court will determine how your assets are divided, following strict legal rules that may not align with what you intended.
At Granich Partners, we specialise in helping individuals in Western Australia protect their legacies through personalised, legally sound Wills. Here’s a breakdown of how the court distributes assets in common family scenarios when no valid Will is present:
Common Scenarios in Intestate Succession
1. Unmarried and No Children
If an unmarried person with no children dies without a Will, the estate goes to their closest relatives, which may include parents and siblings.
2. Married with No Children
When a married individual passes away without children, and their estate is valued at less than $705,000, the entire estate goes to the surviving spouse. If the estate exceeds this amount, the spouse is entitled to $705,000 plus all household and personal effects, while parents or close relatives receive additional portions of the remaining assets.
3. Married with Children
For those who pass away leaving a spouse and children, if the estate is valued at under $472,000, the spouse receives everything. Estates valued above this amount are divided: the spouse receives $472,000, all household items, and one-third of the remaining estate. The children equally inherit the other two-thirds.
4. De Facto Relationships
If the deceased was in a de facto relationship for at least two years immediately prior to death, the de facto partner receives the same entitlements as a spouse. However, if the deceased was previously married (even if separated but not divorced), the ex-spouse and de facto partner may both have claims on the estate.
Why Having a Will Matters
Without a valid Will, your assets may not reach the loved ones or beneficiaries you intended. A well-structured Will ensures that your estate is distributed according to your wishes, offering peace of mind and security for your family and dependents.
Protect Your Legacy with Granich Partners
Granich Partners is experienced in Will drafting and estate planning, helping clients across Western Australia create Wills that reflect their unique wishes and circumstances. We work closely with you to craft a comprehensive Will that addresses your specific needs, whether for family protection, business succession, or asset distribution.
Contact Granich Partners Today
Take control of your legacy with a legally sound Will that protects your family and estate. Contact Granich Partners for expert guidance on Wills, estate planning, and personalised advice for Western Australians.