Whether you’re enjoying a Sunday drive down the Great Ocean Road or jetting off on an interstate holiday, life’s unpredictability makes having a current, legally valid will essential. Yet nearly half of Australian adults have no will at all. In Victoria, dying intestate—that is, without a valid will—means the law, not you, decides who inherits your estate. Below we unpack what really happens when you die intestate, the practical and emotional risks that follow, and why every Victorian (especially those who love a bit of interstate travel) should make time to draft a will today.
What Is a Will?
A will is a formal written document that sets out how you want your assets distributed after your death, names the executor who will manage your estate, and can nominate guardians for minor children. It’s the legal road map your loved ones follow when you’re no longer here to guide them.
Dying Intestate—What Does It Mean?
“Intestate” simply means dying without a valid will or with a document that does not meet Victoria’s legal requirements. In that case, your estate is divided strictly according to the Administration and Probate Act 1958 (Vic). The outcome is often very different from what you might have chosen, particularly if you have a blended family, step‑children or assets in more than one state.
What Happens When You Die Intestate in Victoria?
Victorian intestacy rules set out a fixed “pecking order” for distributing your estate:
| Family situation | Who inherits?* |
| Spouse/partner only, no children | Partner inherits everything |
| Spouse/partner and children with that partner | Partner inherits everything |
| Spouse/partner and children from a previous relationship | Partner receives all personal effects, a statutory legacy of $559,660 (for deaths between 1 July 2024 – 30 June 2025) plus interest, and 50 % of the balance; the other 50 % is shared equally among the children The Supreme Court of Victoria |
| Children only (no spouse/partner) | Estate split equally between children |
| No spouse or children | Parents, then siblings, then more distant relatives in descending order |
* If there are multiple current or former partners, the Supreme Court may have to decide how to carve up the estate—a stressful and expensive exercise for everyone involved.
Key takeaway: Without a will, there is no flexibility. Assets can end up with people you barely knew, while those you felt closest to may receive little or nothing.
The Real‑World Risks of Dying Intestate
1. Family Disputes
Nothing strains relationships quite like money—or perceived unfairness. When the law’s one‑size‑fits‑all formula overrides your personal wishes, siblings, new partners and step‑children can quickly find themselves at loggerheads, leading to costly litigation and lifelong rifts.
2. Delays and Costs
Without a will, someone (usually the next of kin) must apply for letters of administration before they can touch your bank accounts, sell property or finalise debts. This process can take months, even years, tying up assets and increasing legal fees and court filing costs that eventually eat into the estate.
3. Loss of Control
Your prized classic car might go to a child who doesn’t even drive; your favourite charity receives nothing; your digital assets disappear into the ether. Intestacy laws offer zero scope for personal gifts, charitable bequests or nuanced cultural considerations.
4. Complex Family Structures
Modern families seldom fit the nuclear model. You may have:
- a de facto partner but remain legally married to someone else
- children from different relationships
- step‑children you regard as your own
- assets owned in another state or holiday properties interstate
Intestacy rules struggle with these scenarios, often leaving a partner short‑changed or step‑children excluded entirely.
5. Travelling Interstate—Additional Complications
Picture this: you live in South Morang, Melbourne but pass away while on a business trip in Queensland. Your assets are mostly in Victoria, but you own a holiday unit on the Gold Coast. Each state has slightly different succession laws, meaning multiple grants of representation may be required. A properly drafted Victorian will can appoint one executor to deal with all assets regardless of location, vastly simplifying cross‑border administration for your family.
Benefits of Having a Will
Clear Instructions
A will spells out who receives what, eliminating guesswork and family friction. Your executor can move quickly to transfer assets, close accounts and pay bills because the banks and Land Titles Office have clear authority to act.
Appointing Guardians
If you have children under 18, a will lets you appoint the people you trust most to raise them. Without that nomination, the Family Court ultimately decides—a scenario no parent wants.
Tax Planning Opportunities
Through carefully structured testamentary trusts, you can help beneficiaries minimise income tax on investment earnings and protect assets from creditors or future relationship breakdowns.
Flexibility for Blended Families
You might wish to:
- Leave your spouse a life interest in the family home, with ownership passing to your children after your partner’s death.
- Provide step‑children with a fixed cash gift but give the bulk of your estate to your biological children.
Only a will allows this sort of tailored solution.
Peace of Mind
Knowing your affairs are in order is an enormous relief—for you and for those you love. It frees everyone to focus on grieving and healing rather than paperwork and court forms.
How to Create a Valid Will in Victoria
| Requirement | Practical Tip |
| Written document | DIY kits often miss key clauses—use them with caution. |
| Signed by you | Sign with the same pen every time, on every page, to avoid disputes about authenticity. |
| Witnessed by two adults | Witnesses cannot be beneficiaries. Arrange independent witnesses such as neighbours or colleagues. |
| Capacity & intent | You must understand what a will is, what assets you own and who should reasonably expect to inherit. If there’s any doubt (e.g. illness, advanced age), get a doctor’s certificate to prove capacity. |
Updating Your Will
Major life events—marriage, divorce, the birth of a child, buying property, moving interstate—should prompt an immediate will review. A quick appointment with your solicitor can add a codicil (minor amendment) or prepare a fresh document.
Why Professional Advice Matters
Online templates don’t ask the probing questions that capture family nuance, business interests or interstate assets. As experienced solicitors we can tailor each clause to Victorian law while considering cross‑border issues if you own property or travel interstate regularly.
Dying without a will hands the steering wheel of your legacy to a rigid legal formula which can:
- Ignite family disputes
- Drain the estate through legal fees and delays
- Leave vulnerable loved ones without adequate support
Conversely, a well‑crafted will offered by an experienced Victorian solicitor delivers clarity, tax efficiency and peace of mind—whether you pass away at home or while travelling interstate.
Ready to Protect Your Loved Ones?
Don’t let the courts decide your family’s future. Book an appointment with Laurie Irvine today to draft, review or update your will:
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