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What if I die without a Will

Intestacies FAQ


What happens if I die without a Will?

Dying intestate (without a Will) means that there is no guarantee that your assets will be distributed as you would like them to be. Those entitled to share in an intestate estate are set out in the Queensland’s Succession Act 1981


Can I prepare my own Will or use a do-it-yourself Will kit?

Due to legal implications surrounding the validity of a home-made Will, the Public Trustee recommends that you do not use either of these methods. If the validity of a Will comes into question, the direction of the Supreme Court would be required and this can be timely and costly.

It is important you have a properly prepared and properly witnessed Will.


What if I'm living in a de facto relationship (including same sex relationship) and I die without a Will?

De facto partners (including same sex couples) have the same rights on intestacy as a spouse (married or in a civil partnership) if they were living in a de facto relationship for two (2) years or more ending on the date of death of the deceased and satisfy other various indicia of a de facto relationship. They must satisfy the Administrator of the existence of the relationship.

Last published: 3/07/2018 10:36:15 PM