There are consequences of dying intestate: we examine some of them here.
What does ‘dying intestate’ mean?
Dying intestate means that you have passed away without having left a valid Will!.
The Public Trustee will probably manage your non-superannuation Estate when you die intestate. A member of your family may be able to successfully apply for Letters of Administration over the Estate. Whichever, legislation relevant to the jurisdiction in which you most recently lived, will dictate the distribution of your Estate.
How would dying intestate affect your family?
Possible outcomes that arising from the administration of an estate under State laws of intestacy, include –
- Your former wife takes a share;
- your short-term de-facto may not receive anything;
- your disabled children may not be adequately provided for;
- the charity you favour gets nothing – and
- your superannuation trustee will distribute your death benefits at their discretion (according to relevant legislation).
Is that what you really want?!
(For more detail as to what that might mean, refer to the brochure published online by Queensland’s Public Trustee.)
Avoid these outcomes
Avoidance is possible. Careful planning guided by experienced professionals your Estate Plan will provide for your estate to be disbursed –
- to the right people,
- in the right amounts; and
- at the right time.
Your adviser at Continuum Financial Planners Pty Ltd has experience in –
- wealth management and
- assisting you to prepare instructions to an estate planning lawyer to ensure that your family is adequately protected from any inequities that intestacy could mean for them.
The mantra of the experienced team of advisers at Continuum Financial Planners is that –
- we listen, we understand; and we have solutions which we deliver as
- personalised, professional wealth management advice.
To arrange a meeting with one of our experienced team –
- phone our office 07-3421 3456, or
- at your convenience use the linked Book A Meeting facility.
(This article was first published in . It has since been updated refreshed occasionally, most recently in January 2025.)
