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What happens when you die without a Will?

rowan303

Updated: May 20, 2024



Legal Will

A Will is often one of the most important documents people never get around to signing. When someone dies without a Will (known as an intestacy), Western Australia's Administration Act provides a standard set of rules that divide a person's assets between their family members in fixed proportions.


This can mean that an estate doesn't necessarily go to the people who have the greatest need or to the loved ones that the deceased person would have most wanted to benefit.


The distribution can be challenged in court or varied by agreement.


Normally, before the estate can be divided one of the beneficiaries needs to apply to the Supreme Court for a Grant of Letters of Administration. This grant provides the administrator with the authority to sell assets, pay liabilities and, ultimately, distribute the estate to the beneficiaries.


If you're dealing (or trying to deal) with the estate of a family member who passed away without a Will and would like help please get in touch with us on 0474 112 316.

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