3 things you cannot do if you die without a Will

When you choose to die without a Will, you are in affect leaving it to the state government to write your Will for you.

You are forfeiting your rights after you die to have any say in who will make decisions of what will happen with your minor children, who will care for your pets and if a charity will receive anything from your Estate.

When someone dies without a Will, it is known as dying intestate. The rules of intestacy will dictate who is in control of your Estate and who will benefit from your Estate. In each Australian state and territory, the relevant intestacy legislation outlines a hierarchy of people who can administer and benefit from your Estate. This hierarchy is dependent on your relationship status at the time of death and blood relatives.

Minor Children

If you have minor child, when you make a Will, you can nominate a testamentary guardian of who will care and make important decisions for your child until they reach the age of 18 years.

When you choose not to make a Will, if you die before all of your children reach 18 years, there may be uncertainty of who will care for and make important decisions for your child during their minority.

By not nominating a testamentary guardian in a Will, the chances of a dispute may increase between family members over who will care for your minor child. The case may be that someone is making decisions for your minor child that you do not wish to be.

Pets

Pets differ from children, when you die you cannot nominate someone to act as a guardian of your pets. Under Australian law, pets are viewed as property and can be gifted in a Will.

When you die intestate, your pets may end up with a family member who you do not want caring for your pets. For example, under the intestacy rules, pets cannot be gifted to a friend.

If you want one of your friends or a specific family member to be gifted your pets, you will require a Will.

Charity

You may have a charity that is near and dear to you. If this is the case, you may wish to leave gift from your Estate to your favourite charity.

However, under the intestacy rules in every state of Australia, there is no provision for charities to receive a gift from an intestate Estate.

If you would like to leave a gift to a charity after you die, the only way you can do this is by leaving a gift in your Will to the specific charity.

In short, no Will, no gift to charity.

DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.