A legally valid Will ensures your assets and personal belongings are distributed according to your wishes. Without one, the law determines who inherits your estate — and this may not reflect what you would have wanted.
In this guide, we explain:
- What happens if you die without a Will,
- How a Will protects your loved ones,
- The role of an Executor, and
- How to make your Will legally valid in New South Wales.
What Happens If You Die Without a Will?
If you pass away without a valid Will in NSW, your estate is distributed under the Succession Act 2006 (NSW) — not according to your personal wishes. This is known as dying intestate.
Here’s what can happen:
✅ Your spouse or de facto partner will likely inherit your estate.
✅ If you have children from a previous relationship, the estate may be divided between them and your partner.
✅ If there is no spouse or children, other family members inherit based on a legal hierarchy.
✅ The court decides who becomes guardian of your minor children.
Without a Will, the process can result in delays, legal expenses, and family disputes. It may also lead to unintended outcomes for your assets and children.
🔗 For more details, visit the NSW Government’s guide to intestacy.
How a Will Protects Your Loved Ones
A valid Will gives you control and peace of mind by allowing you to:
✔️ Specify who inherits your property, savings, and valuables.
✔️ Appoint a guardian for your minor children.
✔️ Minimise family conflict by clearly outlining your intentions.
✔️ Choose your Executor, ensuring someone you trust manages your estate.
What Is the Role of an Executor?
The Executor is the person you nominate in your Will to handle your estate when you pass away. Their key responsibilities include:
- Distributing assets according to your Will,
- Paying outstanding debts and taxes, and
- Managing all necessary legal paperwork.
🔍 If no Will exists, a person must apply to the NSW Supreme Court for a Grant of Letters of Administration to become an Administrator. This process is often more complex and time-consuming than probate.
Learn more from the Supreme Court of NSW – Probate & Administration.
How to Make a Legally Valid Will in NSW
Making a valid Will is simple — but it must meet specific legal requirements to be enforceable.
Here’s what you need:
- A full list of your assets (property, bank accounts, superannuation, etc.)
- The names of your beneficiaries
- A trusted Executor
- At least two independent witnesses to sign the Will with you
💡 Tip: DIY Wills can be risky and may lead to costly disputes or rejected applications. Always consult a lawyer to ensure your Will is valid under NSW law.
Speak to a Wills & Estates Lawyer Today
At MCB Lawyers, we specialise in Wills, probate, and estate planning across Manly, Wollongong, and Parramatta. Whether you’re making your first Will or updating an existing one, we can help you protect your assets and your loved ones.
📞 Contact our Wills & Estates team today or call us on (02) 9977 1133 to book your consultation.