PA Law Legal Video Guides · South Australia
By Manal Amro, Principal Solicitor, PA Law Pty Ltd
Last reviewed:
Watch: dying without a Will in South Australia
Watch on YouTube · Read transcript · Common questions
5 essential facts about dying without a Will
- Intestacy sets the distribution. Your personal wishes do not replace the statutory inheritance rules.
- Family circumstances matter. Blended families and separation can produce unexpected outcomes.
- An administrator may be needed. A court application depends on the estate’s assets and requirements.
- Assets need individual checks. Superannuation and jointly owned property may pass outside the estate.
- A Will records your choices. Choose beneficiaries and an executor, and nominate guardians for minor children, subject to applicable law and court decisions.
PA Law assists Gawler, Adelaide and South Australian clients with Wills and estate planning. For inheritance shares, see our spouse inheritance video.
Dying without a Will: common questions
Does my spouse automatically inherit everything?
Not necessarily. Entitlements depend on your surviving family and the intestate estate. Separation without divorce can leave inheritance rights in place.
Do stepchildren inherit when someone dies without a Will?
Stepchildren who have not been legally adopted do not automatically inherit under SA intestacy rules. Some may be eligible to seek family provision.
What should I bring to a Will Health Check?
Bring your existing Will, details of your family, assets, ownership arrangements and super nominations, and a list of your wishes.
Full video transcript
Have you ever wondered what would happen if you passed away without a Will? Many people assume that everything will automatically go to their spouse or children. Unfortunately, that’s not always the case.
If you die without a valid Will, you are said to have died intestate. That means the law—not you—decides who inherits your estate. The rules of intestacy set out who receives your assets, and those rules may not reflect your personal wishes or family circumstances.
For example, if you have a blended family, are separated but not divorced, or want to leave something to a close friend, a charity, or a stepchild, those wishes may not be recognised if you don’t have a valid Will.
Dying without a Will can also mean additional delays, legal costs, and unnecessary stress for your loved ones. Someone will need to apply to the Court to be appointed to administer your estate, and that process can take longer than if you had already chosen an executor in a Will.
A properly drafted Will allows you to decide who inherits your assets, appoint someone you trust to administer your estate, nominate guardians for your minor children, and help reduce the risk of disputes between family members.
The good news is that preparing a Will is often much simpler and more affordable than people expect—and it provides peace of mind knowing your wishes will be respected.
At PA Law, we’re currently offering a complimentary 20-minute Will Health Check. Whether you already have a Will or have never prepared one, we’ll discuss your circumstances and explain whether any updates or a new Will may be appropriate.
Book your appointment today by visiting www dot p a law dot au or calling 0431 61 46 96. I’m Manal from PA Law, and I look forward to helping you protect what matters most.
Clarification: Not every estate requires Letters of Administration. Timeframes vary. A Will cannot guarantee that disputes or family provision claims will be avoided.
Sources: Legal Services Commission SA: intestacy distribution and Letters of Administration.
General information only, not advice about your circumstances.