If you die without a valid will in New South Wales, you are said to die “intestate,” and the law – not your wishes – decides who inherits your estate.

Under the Succession Act 2006 (NSW), assets are distributed according to a fixed statutory formula, and someone close to you must apply to the court for “letters of administration” before anything can be distributed. The result can mean delays, extra cost, and outcomes you would never have chosen.

This is one of the most common and most avoidable problems in estate planning. The good news is that a properly drafted will puts you back in control.

Here is how intestacy works in NSW and why it matters.

What Does “Dying Intestate” Mean?

Dying intestate simply means dying without a valid will. When that happens, there is no document setting out who you wanted to benefit, who should manage your affairs, or who should care for your children. Instead, the Succession Act 2006 (NSW) provides a rigid order of who inherits and in what shares.

A partial intestacy can also occur. for example, where a will is out of date or does not deal with all your assets.

Who Inherits Under the NSW Intestacy Rules?

The statutory formula depends on who survives you. Importantly, in NSW the law recognises de facto partners (including same-sex partners) in the same way as married spouses, provided the relationship meets the legal definition.

If you have a spouse and no children

Your spouse generally inherits the whole estate.

If you have a spouse and children, all of that relationship

If all of your children are also the children of your surviving spouse, your spouse generally inherits the whole estate. The law assumes your spouse will provide for those shared children.

If you have a spouse and children from another relationship

This is where things become more complicated. Your spouse is generally entitled to:

• Your personal effects;
• A “statutory legacy” — a set dollar amount that is indexed to the Consumer Price Index (CPI). It is currently around $610,000 (as of July 2026), but because it is recalculated quarterly, the exact figure changes over time; and
• One half of the remainder of the estate.

The other half of the remainder is then divided among your children.

If you have no spouse

The estate passes down a statutory order: to your children first; then, if none, to your parents; then to your siblings; then to grandparents, aunts, uncles, and cousins, in turn.

If you have no eligible relatives

If no eligible relatives can be found, the estate may ultimately pass to the State of New South Wales.

Why Intestacy Causes Problems

Even when the formula happens to distribute your estate to people you would have chosen, dying without a will creates real difficulties. These include:

• Delay. Before anyone can deal with your assets, a family member must apply to the Supreme Court of NSW for letters of administration. This takes time, during which accounts may be frozen and bills still need to be paid.
• Cost. The administration process, legal fees, and the work of identifying assets and beneficiaries can erode the value of your estate — money that could have gone to your loved ones.
• Family disputes. Intestacy can pit family members against one another, particularly in blended families. Without your clear instructions, relatives may disagree about who should administer the estate or who is entitled to what, sometimes leading to costly litigation.
• Your wishes are ignored. The formula cannot account for the people and causes that mattered to you, a close friend, a stepchild, a charity, or a specific gift. None of that can be honoured without a will.

How a Will Avoids All of This

A valid, well-drafted will lets you:

• Decide exactly who inherits and in what shares;
• Choose your executor – the person you trust to carry out your wishes;
• Appoint guardians for any young children;
• Make specific gifts to people or charities; and
• Reduce the risk of delay, cost, and family conflict.

A will is not just for the wealthy or the elderly. If you own anything of value, have a partner, or have children, a will is one of the most important documents you can put in place.

Frequently Asked Questions

Does my spouse automatically get everything if I die without a will in NSW? Not always. Your spouse inherits the whole estate only in certain situations. for example, where there are no children, or where all your children are also your spouse’s children. Blended families are treated differently.

Are de facto partners recognised under NSW intestacy law? Yes. The Succession Act 2006 (NSW) recognises de facto partners, including same-sex partners, in the same way as married spouses, provided the relationship meets the legal definition.

What is a statutory legacy? It is a fixed dollar amount a surviving spouse receives before the rest of the estate is divided when there are children from another relationship. It is CPI-indexed and recalculated quarterly, so the figure changes over time.

What happens if I have no living relatives? If no eligible relatives can be found, your estate may ultimately pass to the State of NSW under the principle known as bona vacantia.

Don’t leave the people you love to navigate the intestacy rules. The Wills and Estates team at ALA Law can prepare a clear, valid will tailored to your wishes. Call 1300 ALA LAW, email reception@alalaw.com.au or book online at alalaw.com.au.

Disclaimer

This article provides general information only and is not legal advice. It focuses on the law in New South Wales under the Succession Act 2006 (NSW); intestacy rules and figures (including the statutory legacy) vary between states and territories and change over time. You should seek advice from a qualified NSW Wills and Estates lawyer about your specific circumstances.