PA Law Legal Video Guides · Wills & Estate Planning · South Australia

Not always. If you die without a Will in South Australia, your husband, wife or domestic partner does not automatically receive everything. The outcome depends on your family circumstances, the value of your intestate estate and how your assets are owned.

Video by PA Law Pty Ltd · 1 minute 34 seconds · AI-assisted presentation · Published 25 September 2026

What happens if you die without a Will in South Australia?

When there is no valid Will, the intestacy rules determine who receives the estate. Marriage alone does not replace a Will or ensure that your estate will be distributed as you intended.

What does a spouse inherit if there are no children?

A surviving spouse or qualifying domestic partner generally receives the whole intestate estate when there are no children.

What happens if you leave a spouse and children?

• Estate worth $120,000 or less: the spouse or domestic partner generally receives the whole intestate estate.
• Estate worth more than $120,000: the partner generally receives the first $120,000 plus half the remaining balance. The children share the other half.
• Personal belongings: the surviving partner also generally receives the deceased’s personal belongings, including sentimental items and motor vehicles.

These are general rules. Different issues can arise with multiple partners, a child who died earlier or a family provision claim. The law applying at the date of death matters. See the Legal Services Commission’s guide to distribution of an intestate estate.

Do all assets form part of the intestate estate?

No. As the video explains, some assets may pass outside the estate depending on their ownership or structure. Before assuming who will inherit, identify what you own and how it is held. Estate planning should consider those arrangements alongside your Will.

Do I need a Will if I am married?

A Will lets you record how you want your estate dealt with rather than relying entirely on the intestacy rules. Consider whether the default outcome suits your partner, children and other people you want to provide for. Discuss your circumstances with a lawyer before making that decision.

How can PA Law help with Wills and estate planning?

PA Law assists clients in Gawler, Evanston South, Adelaide and across South Australia. Explore our Wills services, estate planning services and estate administration services.

Want to decide who receives your estate? Request an appointment with PA Law or call 0431 614 696. Bring details of your assets, how they are owned and any existing estate planning documents.

Video transcript

If you die without a Will in South Australia, does your husband or wife automatically get everything?

Not always.

And this is one of the reasons you shouldn’t assume that getting married means you don’t need a Will.

If you die without a valid Will, the law decides how your estate is distributed.

If you leave a spouse or domestic partner and no children, they will generally receive the whole of your intestate estate.

But if you leave a spouse or domestic partner and children, the answer can be different.

Under the current South Australian rules, if the intestate estate is worth more than $120,000, the spouse or domestic partner is generally entitled to the first $120,000, plus half of the remaining balance.

The children are then entitled to share the other half of that balance.

So imagine saying: “I don’t need a Will. My husband will just get everything anyway.”

That may not actually be what happens.

And remember, we’re talking about the intestate estate here. Some assets may pass outside the estate depending on how they’re owned or structured.

Estate planning isn’t simply about having a Will.

It’s about understanding what you own, how you own it, and where you actually want those assets to go when you die.

If you want to decide who receives your estate, don’t leave that decision entirely to the intestacy laws.

Clarification to the video: The summary above also addresses personal belongings and estates worth $120,000 or less.

General information only, not legal advice. Outcomes depend on your circumstances and the law applying to the estate. Obtain advice about your own situation.

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