05/11/2025
A will can be the last thing on our mind…. But it will be the first thing on many people’s mind when someone dies …….
WHAT HAPPENS IF YOU DON'T HAVE A WILL? NSW EDITION
(Written by someone with zero legal training, so take this as friendly advice, not legal counsel!)
I spend a lot of time talking with people about end-of-life planning, and one of the biggest surprises is this: if you don’t have a will, NSW already has one written for you.
It’s called the Succession Act 2006, and it decides exactly who inherits your estate if you die without leaving a legal will (that’s called dying “intestate”, a fancy word for “no paperwork”).
Here’s the gist, minus the legal jargon:
If you have a spouse or partner, they’re first in line.
If you have kids from a previous relationship, the Act divides things up between your spouse and your kids.
If you don’t have a spouse, your kids share everything equally (yes, even kid who hasn't visited for 10 years).
No kids? It goes up the family tree: parents → siblings → nieces/nephews → cousins.
No living relatives? Your estate goes to… wait for it… the NSW Government.
And here’s the kicker: settling an estate without a will usually takes longer, has expenses attached and is more complicated because the court has to appoint someone to handle everything. Think of it like letting your least-organised friend plan your birthday party. It’ll eventually happen, but probably with more chaos, a bunch of people being invited you didn't want and a whole lotta stress.
A valid will, on the other hand, is like sending a detailed party plan with RSVPs, smoother, faster, and much less headache for everyone involved.
I’m not a lawyer (second time I'm mentioning this!!), just someone who thinks we should all have more peace of mind when it comes to life admin. And a will is a pretty solid piece of life admin, not to mention a gift to those left behind who are sorting out your affairs.
So, what’s stopping you? Cost? Overwhelm? Time? If you knew your state government had already written a “default” will for you, would you rather stick with theirs or write your own?
Kelly 💜