It is a common assumption that assets will automatically pass to the intended person when someone passes away. 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).

What Is Intestacy?

When someone passes away without a Will, they are considered to have died “intestate.” In these circumstances, legislation determines how the estate is distributed.

How Assets May Be Distributed

The outcome depends on family structure and may include:

• A spouse sharing the estate with children

• Children from previous relationships having entitlements

• Extended family inheriting where no immediate family exists

These outcomes may not reflect the person’s intentions.

Why Having a Will Matters

A valid Will allows you to:

• Specify how your assets are distributed

• Appoint an executor

• Provide clarity for your family

When Should You Review Your Will?

You should review your Will after major life changes, including:

• Marriage or separation

• Purchasing property

• Changes in financial position

• Birth of children or grandchildren

Final Thought

Having a current and valid Will helps ensure your intentions are clearly recorded and understood.

Need help with your situation?

If you are considering preparing or reviewing a Will, it may be helpful to obtain advice based on your circumstances.

Call Rochford Solicitors on (07) 4639 3038

Visit www.rochfordsolicitors.com.au

Disclaimer

The information in this article is general in nature and does not constitute legal advice…