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Intestacy

Intestate

Also known as: Dying Intestate

Describes a person who dies without a valid Will, so their estate passes under a fixed statutory formula instead of their own wishes.

What it means

A person dies "intestate" when they leave no valid Will — either because they never made one, or because the Will they made was revoked, lost, or found invalid. When someone is intestate, they lose all say over who inherits: the law of their state decides instead, through a fixed statutory order. This is why making a Will matters — it is the only way to choose your own beneficiaries rather than leaving it to a formula.

How it's used

The word describes the deceased person; the situation it creates is called intestacy. Because there is no Will, there is no named executor, so a relative must apply for letters of administration to manage the estate. Example: When Daniel died without ever signing a Will, he died intestate, and his sister had to apply to the Supreme Court to be appointed administrator of his estate.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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