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Introduction

No one likes to think about death, but planning for what happens to your assets after you pass away is crucial. In Western Australia, if a person dies without a valid Will, their assets are distributed according to the Administration Act 1903 (WA). This process is known as intestacy, and the estate becomes known as an intestate estate.

Intestacy laws can be complex. Families are often surprised to learn that inheritance may not automatically go to the people they assumed would receive their property. That is why understanding Intestacy Laws in Perth is essential, whether you are planning your estate or dealing with a loved one’s estate.

This guide explains everything you need to know about who inherits your assets under intestacy laws in WA, how the distribution works, and when to consult an Intestacy Lawyer in Perth.

What Is Intestacy in Western Australia?

A person is considered intestate if:

• They die without a Will, or

• The Will they left is invalid or incomplete.

When this happens, the distribution of assets follows Intestacy Rules in Western Australia, which determine who inherits, in what shares, and in what order.

What Assets Are Distributed Under Intestacy?

The following assets typically form part of an intestate estate in Perth:

✔ Real estate solely owned by the deceased
✔ Bank accounts
✔ Superannuation (in some cases, depending on binding nominations)
✔ Motor vehicles
✔ Personal belongings and valuables
✔ Business ownership interests
✔ Shares and investments

Assets not governed by intestacy laws include:

✘ Jointly owned assets (often transferred to the surviving owner)
✘ Life insurance with a valid beneficiary
✘ Superannuation with binding death benefit nomination
✘ Assets held in a discretionary family trust

If you’re unsure, seek intestacy legal advice in Perth from an experienced estate planning lawyer.

Who Inherits Under Intestacy Rules in Western Australia?

Intestacy distribution depends on the surviving relatives. The law follows a specific priority order:

1. If There is a Spouse or De Facto Partner and Children

If the deceased leaves a partner and children, the estate is divided:

Partner receives:

• Household chattels (furniture, vehicles used mainly for domestic purposes)

• The first $472,000 of the estate (statutory legacy amount at last update)

• One-third of the remaining estate

Children receive:

• The remaining two-thirds, shared equally among them

2. If There is a Spouse/Partner and No Children

The partner inherits the entire estate.

3. If There Are Children but No Spouse/Partner

The children inherit the entire estate equally.

If a child has died before the deceased, that child’s children (grandchildren) inherit their share.

4. If There Is No Spouse and No Children

The order of inheritance is:

1. Parents

2. Siblings (or their children if deceased)

3. Grandparents

4. Aunts and Uncles (or cousins if deceased)

5. If No Relatives at All

The estate assets pass to the State of Western Australia, known as Bona Vacantia.

This is one of the strongest reasons to create a valid Will to ensure your assets don’t go to the government.

Examples of Intestate Distribution in WA

Common Problems with Intestacy in Perth

Families dealing with intestate estates may face:

• Disputes between spouses and children
• Financial hardship while waiting for estate release
• A partner receiving less than expected
• Surprising outcomes in blended families
• Disagreements about property ownership
• Legal delays in getting Letters of Administration

That’s why many people seek help from Estate Planning Lawyers Perth WA to avoid family conflict and uncertainty.

How to Administer an Intestate Estate in WA

To manage an intestate estate, someone must apply for Letters of Administration through the Supreme Court of WA.

Steps in the process:

1. Identify and value estate assets
2. Verify eligible beneficiaries
3. Apply for Letters of Administration
4. Pay outstanding debts, tax obligations, and funeral expenses
5. Distribute estate assets according to the intestacy rules

If disputes occur during this process, it’s wise to work with the best deceased estate lawyers in Perth for guidance.

Intestacy and Blended Families in WA

Blended families are increasingly common and can create inheritance complexities.

For example, if a person leaves a spouse and children from another relationship, the legal distribution may not reflect what the deceased would have intended.

This makes a Will — and possibly a testamentary trust — crucial for asset protection.

How to Avoid Intestacy in Western Australia

The best way to avoid intestacy is by working with an estate planning lawyer to create:

✔ A valid and updated Will
✔ Enduring Power of Attorney
✔ Family trust or testamentary trust (if relevant)
✔ Binding superannuation death nominations
✔ Advance health directive, if desired

This ensures your wishes are honoured and reduces the risk of family conflict.

When Do You Need an Intestacy Lawyer in Perth?

You should seek Intestacy legal advice Perth if:

• Someone close to you has died without a Will
• You believe you are entitled to inherit but are unsure
• You are in a blended family inheritance situation
• You need help applying for Letters of Administration
• There is a disagreement between beneficiaries
• You want to prevent intestacy for your own estate

The right legal guidance can protect your rights and simplify the estate process.

Frequently Asked Questions (FAQ)

1. What happens if superannuation is not nominated?

The super fund trustee decides the beneficiary, unless a binding nomination exists.

2. Can a de facto partner inherit under intestacy in WA?

Yes. A verified de facto partner has inheritance rights similar to a spouse.

3. How long does an intestate estate take to settle?

Generally, 6–18 months, depending on disputes, asset structure, and court timelines.

4. Can someone challenge the distribution under intestacy?

Yes. Eligible persons may claim under the Family Provision Act 1972 (WA).

5. How do I ensure my assets don’t follow intestacy laws?

Create a valid, up-to-date Will with help from Estate Planning Lawyers Perth WA.

Final Thoughts

Understanding Intestacy Laws in Perth is crucial for protecting your estate and your family’s future. Dying without a Will means your assets are distributed based on legal formulas that might not reflect your wishes, especially in blended families or complex financial situations. By working with a skilled Estate Planning Lawyer in Perth, you can ensure your assets go to the right people, avoid unnecessary disputes, and make the legal process easier for your loved ones. If you need personalised guidance or assistance with an Intestate Estate in Perth, don’t hesitate to consult experienced Estate Planning Lawyers Perth WA and secure the peace of mind you and your family deserve.

Read Also:- Do You Need a Probate Lawyer in Perth? Key Steps & Legal Requirements