Knowledge Bank
What Happens If You Pass Without a Will in Western Australia?
Quick Answer
If you pass without a valid Will, you are said to have passed intestate.
Instead of your estate being dealt with according to instructions recorded in your Will, Western Australian intestacy laws determine who may receive it and in what proportions.
A Will is the part of your estate plan that allows your intentions to continue after you pass.
Without one, legislation fills the gap.
A Will Carries Your Wishes Forward
A well-designed estate plan allows your wishes to continue guiding what happens as life and responsibility move from one stage to another.
Your Will has a particular role within that continuing plan.
It allows you to:
- choose who should administer your estate;
- identify the people or organisations you want to benefit;
- decide how your estate should be distributed; and
- include arrangements that reflect your family and circumstances.
When there is no valid Will, life and responsibility still move forward—but without the instructions you could have provided.
The law supplies a default process instead.
That is the central consequence of passing intestate:
It does not mean that nothing happens. It means that what happens is no longer guided by your Will.
What Does “Intestate” Mean?
A person passes intestate when they pass without leaving a valid Will.
Intestacy can also arise if:
- a Will is found to be invalid; or
- a valid Will does not deal with the whole estate.
In practical terms, intestacy means that legislation—not the person’s recorded instructions—determines who is entitled to receive the estate property affected by the intestacy.
Who Looks After the Estate?
When there is a valid Will, the Executor chosen in the Will looks after the estate.
Without a valid Will, no Executor has been appointed.
A family member or another suitable person may need to obtain authority to deal with the estate. That person is called the Administrator.
Their role is to gather the estate assets, pay any debts and distribute what remains according to Western Australian law.
The important difference is simple:
An Executor follows the instructions in your Will. An Administrator follows the legal rules because no Will exists.
Who Receives the Estate?
If there is no valid Will, the law uses a set order to decide who receives the estate.
The outcome depends mainly on:
- whether a spouse or de facto partner survives;
- whether there are children; and
- the value of the estate.
A spouse or de facto partner may receive all or part of the estate.
Children may also receive a share.
If there is no spouse, partner or child, the estate may pass to other family members.
The important point is that the law does not try to work out who you were closest to or what you may have wanted.
It follows the set order.
What About Children And Stepchildren?
Children may receive all or part of the estate, depending on the family circumstances.
Where a child is under 18, their inheritance may need to be held and managed for them until they are able to receive it.
Without a Will, you lose the opportunity to decide whether their inheritance should be managed for longer or provided under arrangements designed for their particular needs.
Stepchildren do not usually inherit simply because they are your stepchildren.
If you want a stepchild to benefit from your estate, that intention should be clearly recorded in a valid Will.
What Choices Are Lost Without A Will?
Without a valid Will, you lose the opportunity to decide:
- who should look after your estate;
- who should benefit from it;
- how much each person should receive;
- whether particular gifts should be made; and
- how an inheritance for a younger or vulnerable beneficiary should be managed.
The law can provide a way of distributing the estate.
It cannot recreate instructions that were never recorded.
Common Mistake
Many people assume that everything will automatically pass to their spouse or partner.
Sometimes that may happen.
However, the result depends on the value of the estate and which family members survive.
A spouse or partner may need to share the estate with children or other relatives.
Frequently Asked Questions
Can A De Facto Partner Inherit?
Yes, in some circumstances.
How long the couple lived together and whether there is also a spouse can affect the outcome.
Where the relationship history is complicated, the position may need to be checked carefully.
Does The Government Automatically Take The Estate?
No.
The law first looks for a spouse or partner, children and other family members who may be entitled to inherit.
The estate would pass to the State only where no entitled relatives can be found.
Can Intestacy Make Things Harder For The Family?
It can.
The family may first need to establish who can deal with the estate and who is entitled to receive it.
This can create additional time and uncertainty, particularly where family relationships are complicated.
Final Thoughts
Passing without a valid Will does not mean that nothing happens to your estate.
It means that the law decides what happens instead.
A Will allows you to choose who will look after your estate, who should benefit and how your estate should be distributed.
It is not the whole estate-planning process.
It is the part of the continuing plan that allows your intentions to guide what happens after you pass.
Without it, the estate may still be dealt with—but not according to the choices you could have made.