What Happens If You Don’t Have a Will? Legal Insights from Perth Experts

Life is always uncertain, and leaving a plan behind is among the greatest acts of kindness towards your loved ones. But later on, quite a number of Australians do not consult with wills and probate lawyers Perth and put off making a will; usually, this is because they feel there is time for it.

However, in reality, the procedure in court then becomes convoluted, hectic, and pricey for your loving relatives left behind. Let’s discuss what happens when there is no will and why you need to employ experts to assist you in securing your estate.

The Legal Term: Dying Intestate

If a person in Australia does not leave behind a valid will, he dies intestate. This implies that, rather than his wishes determining who receives his property and belongings, the law steps in. The estate will be divided according to a strict legal formula set under the Administration Act 1903 (WA) of Western Australia.

This all too frequently results in outcomes the late person may not have wanted and possibly grief for the remaining family members.

How Property Passes In Case Of No Will

If you die intestate, your property doesn’t necessarily go to your nearest living relatives or your partner as you may wish. This is generally what happens in WA law:

• Spouse or de facto: They generally inherit the majority, but not everything necessarily.
• Children: When children are present, the estate is shared between the children and the spouse.
• Other relatives: Without a spouse or children, the estate may be divided amongst parents, siblings, nieces, nephews, or even great-cousins.
• The government: Without relatives, the state government takes over the estate (under the heading “bona vacantia”).

Since intestacy law is controlled by a strict rule, individual cases, peculiar relationships, or promises of life to particular people are not considered.

Delays and Issues in an Intestate Estate

Where there is no definite will, estates are more costly and time-consuming endeavours, because of:

• Delays: Applications for Letters of Administration are more time-consuming than simple grants of probate.
• Conflicts: Family members may not agree on who shall administer the estate or inherit.
• Higher expense: Legal and administrative charges drain the estate, and the beneficiaries have less to take away.
• Emotional anguish: Family members have to contend with intricate legal issues while they are grieving.

Such problems can be remedied by having a probate lawyer Perth without great inconvenience, so that the estate is handled legally and morally.

Who Can Apply for Letters of Administration

In Western Australia, the order of general preference will usually be as follows:

1. The de facto spouse or surviving spouse of the deceased.
2. The deceased’s children.
3. The parents.
4. The brothers and sisters.

If none of them are eligible, other family members like grandparents, aunts, or uncles can apply. Except in extraordinary circumstances, a creditor of the deceased person can be appointed if no family members come forward.

As this type of hierarchy can become complex, especially for stepfamilies or estranged families, the majority of individuals approach the help of the best probate lawyer to make appropriate applications.

Intestacy and De Facto Relationships

De facto partners (same-sex and otherwise) are now on an equal level with spouses under intestacy law, with some exceptions. This generally involves providing evidence that:

• The relationship has existed for two years or more, or
• There is a child in the relationship.

Without a will, your partner might need to appear before a court to determine the nature of your relationship so that they can receive their portion of the estate.

Minor Children and Guardianship

If you have underage children and you die intestate, the right to appoint a guardian for your children is lost. Instead, the Family Court will determine who cares for your children according to what it thinks is in the child’s best interest.

This is yet another wonderful reason why you need to create a will with the assistance of Perth solicitors Wills so that your children are secure in their future.

Financial and Tax Considerations

Intestacy could result in worse tax implications on your estate. Without proper planning of your estate, your family could be adversely affected by:

• Increased capital gains tax liabilities.
• Forfeiture of tax advantages through trusts or intricate structuring.
• Compelled sale of property to settle debts.

Expert advice from wills and probate solicitors can help estates be made so that the tax effects on beneficiaries are reduced.

Why You Should Make Your Will Today

The risks of dying intestate make it all the better to be an adult with a will, however good or bad you’re feeling, however old you get, and however much or little money you have. A properly written will is good for you:

• Determine who your property goes to.
• Name your executors for children.
• Name your executor.
• Protect weak beneficiaries in trusts.
• Prevent family disputes.

Having specialist wills and probate lawyers will ensure your will is valid, concise, and drawn up per your unique circumstances.

Conclusion

To die intestate is to leave uncertainty, delay, and distress for the people you love most. Knowing something about Australia’s intestacy laws and getting expert guidance from a probate law firm is important if you wish to safeguard your legacy.