Wills & Estates
What happens if you die without a will in NSW?
Connor Barham · Principal Solicitor
How the NSW intestacy rules decide who inherits when there is no valid will, and why a will matters.
Published
If you die without a valid will, you die intestate. The law then decides who inherits your estate, not you. This guide explains how the rules work in NSW and why a will matters.
What intestacy means
Intestacy is when a person dies without a valid will, or with a will that does not deal with all of their property. In NSW, the Succession Act 2006 sets out a fixed order of who inherits. The order does not bend to what you would have wanted or to the needs of the people you leave behind.
An administrator, usually a close relative, applies to the Supreme Court for letters of administration. They then gather the estate and distribute it under the statutory rules.
Who inherits, and in what order
The rules follow a set order. Below is a plain summary. The detail turns on your family situation, so treat this as a guide only.
If you leave a spouse and no children, your spouse usually takes the whole estate. A de facto partner counts as a spouse for this purpose.
If you leave a spouse and children who are all children of that spouse, your spouse usually takes the whole estate.
If you leave a spouse and children from another relationship, the estate is split. Your spouse receives your personal effects, a set amount called the statutory legacy, and half of the rest. Your children share the other half.
The statutory legacy is a fixed sum set by the Succession Act and indexed each quarter to the Consumer Price Index. For a death in early 2026 the amount is about $603,000. Because it is indexed quarterly, the figure changes over time, so check the amount that applies to the date of death.
If you leave no spouse, the estate passes down a set line. It goes to your children first, then to your parents, then to your brothers and sisters, then to grandparents, then to aunts and uncles, then to cousins. If no eligible relative can be found, the estate passes to the State of NSW.
Why dying without a will causes problems
Intestacy rarely matches what people actually want. A few common problems come up.
Your partner may not receive the whole estate if you have children from an earlier relationship. Stepchildren you treated as your own may receive nothing, because they are not your legal children. You cannot choose who looks after your young children or who manages the money for them. The process is slower and more expensive, which falls on the people you leave behind.
A valid will lets you decide all of this in advance. It is one of the simpler things to put in place and one of the most useful.
Frequently asked questions
Does my partner automatically get everything if I die without a will? Not always. If you have children from another relationship, the estate is split between your partner and your children.
What counts as a spouse? A married partner, and in most cases a de facto partner, count as a spouse under the intestacy rules.
What if I have no living relatives? If no eligible relative can be found, the estate passes to the State of NSW.
Is a will expensive? A straightforward will is usually a modest cost, and far less than the delay and expense of an intestate estate.
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This article contains general information only and is not legal advice. For advice about your situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.
This article contains general information only and does not take your circumstances into account. Please obtain legal advice about your own situation.