It’s a common assumption that assets will automatically pass to the “right” people when someone passes away. However, under Queensland law, this is not always the case.

If a person dies without a valid Will, their estate is distributed according to the Succession Act 1981 (Qld) — not personal wishes.

What Is Intestacy?

When someone passes away without a Will, they are considered to have died “intestate.”

In these circumstances, legislation determines:

• Who inherits the estate

• In what proportions

• Who is responsible for administering it

How Assets May Be Distributed

The outcome depends on family structure. For example:

• A spouse may share the estate with children

• Children from previous relationships may have entitlements

• Extended family members may inherit where no immediate family exists

These outcomes may not align with what the person would have intended.

Why Having a Will Matters

A valid Will allows you to:

• Specify how your assets are distributed

• Appoint an executor to manage your estate

• Provide clarity for your family

It can also assist in reducing uncertainty during an already difficult time.

When Should You Review Your Will?

A Will should be reviewed when circumstances change, including:

• Marriage or separation

• Purchasing property

• Changes in financial position

• Birth of children or grandchildren

Final Thought

Estate planning is not only about assets — it’s about clarity and preparation.
Having a current and valid Will ensures your intentions are recorded and can be followed.

Phone our office 0746393038.
Visit our website rochfordsolicitors.com.au