Intestacy describes the circumstance of a person dying without a Will. It can also be described by the phrase “dying intestate”.
One of the main consequences of dying without a Will is that the state government intestacy laws in your specific state or territory will determine how your estate is distributed, rather than you making this choice. Different rules create different lists of priority for people who are eligible to inherit the assets in the deceased estate - ultimately meaning that the government will be determining the beneficiaries receiving the assets which make up your life's work, rather than you.
Intestacy is a complicated and stressful procedure, requiring the next of kin to lodge an application to the court to become an administrator of the estate. This process is started by applying for a Grant of Letters of Administration. Once approved, they’ll then become responsible for overseeing the administration of the estate. Disputes can easily arise at this point, as family members can often struggle to decide who has the greatest entitlement to the deceased estate. This type of application also needs to be accompanied by lots of evidence, such as birth, marriage and death certificates, to prove who the most eligible person or group of people are to apply for the Grant.
To learn more about the consequences of dying without a Will and the intestacy laws in your state or territory, click here.