Statistics show that about 50% of Australians do not have a
will. This is perhaps due to the common misconception that if you
die without a will, your family will be able to sort it out and
ensure that your wishes are carried out. Unfortunately, it is not
always that simple.
If you die intestate (ie without a Will), your estate will be
distributed to specific relatives of yours according to a rigid
formula set out by the Administration Act 1903 (WA).
Does what I want count?
The intestacy rules may not take into account factors that you
would have considered if you were deciding who to leave your assets
to. For example, under the intestacy rules:
- your stepchildren won't be entitled to any part of your
estate, regardless of whether you considered them to be your
own;