What Really Happens When There’s No Will in Place
Most of us don’t like thinking about what happens after we’re gone. It feels too big, too far away, or too uncomfortable. That’s why so many people put off writing a Will.
But here’s the thing, in NSW, if you pass away without one, the law steps in and makes the decisions for you. And the outcome may be very different from what you would have wanted.
We’ve seen families in shock, not just because of their loss, but because of the confusion that follows when there’s no plan in place. Here’s what really happens when there’s no Will.
The Court Decides Who’s in Charge
When there’s no Will, there’s no executor. That means no one automatically has the legal authority to handle your bank accounts, property, or personal belongings. Instead, a family member has to apply to the Supreme Court of NSW for what’s called Letters of Administration.
It’s a formal process, and the Court decides who is best placed to administer the estate. This can take months, and in the meantime, families are often stuck — unable to access funds to pay bills or even cover funeral expenses.
Assets Are Divided by a Formula
Without a Will, your wishes aren’t the deciding factor. Instead, the estate is distributed under NSW intestacy laws. These laws follow a strict formula:
If you have a spouse (including a de facto partner), they often inherit first.
If there are children from another relationship, the estate is divided between the spouse and those children.
If there’s no partner or children, the estate moves down the family tree — parents, siblings, nieces and nephews, and so on.
It sounds neat in theory. But in practice, it can feel unfair. Long-term partners who weren’t legally recognised, stepchildren who were treated like family, or close friends who provided care may receive nothing.
Disputes Are More Likely
When the law divides an estate in ways that don’t reflect relationships or promises, conflict follows. We’ve seen siblings stop speaking for years. We’ve seen de facto partners forced into expensive court cases just to prove their relationship. We’ve seen family farms sold because the law required equal division among children, even though one had been running it for decades.
What starts as grief quickly turns into litigation. And once lawyers and courts are involved, the costs rise sharply.
It’s Slower and More Expensive
Even simple estates become complicated without a Will. Applying for Letters of Administration takes longer than a grant of probate. Banks and institutions ask more questions. The process is less clear, which means more stress and more legal fees.
For families already dealing with loss, the added delay and expense only deepen the pain.
Estate Planning Is More Than a Will
A Will is the cornerstone of estate planning, but it’s not the only tool. An Enduring Power of Attorney allows someone you trust to make financial and legal decisions if you lose capacity during your lifetime. An Enduring Guardianship does the same for health and personal care decisions.
Without these documents, your loved ones may need to go through complicated tribunal applications just to make everyday decisions on your behalf. Together with a Will, they form a complete estate plan that protects you and your family both during life and after death.
A Simple Plan Changes Everything
The good news is that avoiding these problems doesn’t require anything elaborate. A straightforward plan with the help of an estate planning lawyer can:
Make sure the right person is in charge.
Reflect your real wishes, not a government formula.
Protect partners, children, and others you care about.
Reduce the chance of costly disputes.
Give clarity and peace of mind when it matters most.
We often hear, “I’ll get to it one day.” But one day doesn’t always come. Estate planning isn’t about you, it’s about the people who have to pick up the pieces when you’re gone.
If you’re ready to take that step, we can help make the process simple and personal. Learn more about our work in estate planning, read our guide on protecting your family’s wealth, or check our Will update checklist to see if it’s time to review your plan.
DISCLAIMER
The content given herein is provided for information purposes only. It is general in nature and does not constitute legal advice and should not be used as such. Formal legal advice should be sought in particular matters.
Connected Legal + Commercial does not accept any liability to any person for the information (or use of such information) which is provided herein or incorporated into it by reference.
The information is provided in good faith on the basis that all persons accessing the content undertake responsibility for assessing its relevance and accuracy and will seek appropriate formal legal advice accordingly.