Wills and EstatesWhat Can Happen If I Pass Without A Will?

October 30, 2018

What happens if you die without a will in Queensland? Intestate…… It is a seemingly harmless word which can have a serious impact upon your loved ones if you pass away. In simple terms, Intestate means that you have died without a will. Instead of your estate passing according to your wishes, your estate will now be divided according to the laws of Queensland. Intestacy laws in Queensland are a paint by numbers approach which are extraordinarily unlikely to match how you would like to see your assets pass.

How your assets are distributed under the intestacy rules are mainly dependent upon your marital status and if you have children. There are a number of situations where you could be putting your loved ones into a difficult situation.

Marital Status

If you are Married or are in a Registered Civil partnership and have no children then your estate will pass to your partner. For de facto partners, they are still entitled to your estate but they will likely have to prove to the court that the relationship existed. This can be a costly exercise, where private and intimate details may be revealed to the world so your partner can prove they were in a relationship with you.


The most likely situation here is that your children will receive equal division of your estate. This diversion does not account for any special needs your children have, nor does it appreciate any special gifts you would like them to receive.

No Relationship and no children

In this situation, your estate passes will pass to your other relatives, being Brothers and Sisters, Parents, Aunts and Uncles and Cousins and Nephews. No matter how poor your relationship with these people may be, they could have an entitlement to your estate.

Finally, if none of these people can be identified, then your estate passes to the Crown (which is a fancy way of saying it goes to the Government!).

Special Items and Gifts

Do you have some Jewellery you would like to leave to a dear friend? Perhaps you have your Grandfathers War Medals you would like to be given to museum? Is there a charity you support and would like to donate too? If you don’t have a will, then this will most likely not occur.

How can this be avoided?

A well drafted will can give your loved ones’ piece of mind and ensure your estate will pass the way you wish it too. Speak to the team at A.L.F. Lawyers today to help you draft a will that ensures the ongoing care for your family, even after you cannot be around to help them.


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