Making a Will is not always an easy task. For many, it can be confronting when facing large decisions about what would happen when you are not around. For others, cost or time gets in the way. But at Solomon Hollett Lawyers, we’ve seen first-hand how not making a Will can lead to devastating and entirely avoidable consequences for those left behind.
What does the law say about dying without a Will?
If you die without a valid Will in Western Australia, your estate is considered intestate, meaning it will be distributed under a fixed legal formula found in the Administration Act 1903 (WA). This law dictates who is entitled to receive your assets and in what proportions, regardless of your personal relationships, wishes, or intentions.
What happens if you die without a Will? Brand new WA research commissioned by us reveals it’s alarmingly common
Our 2025 Inheritance State of Play Report shows 42% of Western Australians either don’t have a Will or aren’t sure if they do – a dangerously high figure. Alarmingly, when you factor in those with Wills more than 10 years old, it makes it around 60% of West Aussies that are in the high-risk category for intestacy or outdated Wills.
Even among those who do have a Will, many are written late in life, when concerns around capacity and the potential for coercion can significantly increase the chance of disputes.
And those disputes? They’re on the rise too with courts across the country, and front page news citing more and more inheritance disputes year on year. The University of Queensland found over 80% of inheritance claims come from immediate family, and 74% of estate challenges that go to court are successful in seeing a change in asset distribution from what was outlined in the original Will.
The emotional, financial and legal toll of intestacy
Dying without a Will leaves behind confusion, complexity, and unintended consequences for your loved ones. It can cause:
- Legal complexity: If there is no Executor, and an administrator must apply for Letters of Administration.
- Emotional strain: The surviving family members are left to interpret your wishes, or argue over them.
- Unexpected outcomes: Your assets are divided under rigid statutory formulas, often resulting in the family home needing to be sold, or minors becoming unintended co-owners.
- Delays and disputes: Particularly when underage children or blended families are involved, leading to applications being challenged or delayed.
What happens if you die without a Will and leave behind complex family structures and dynamics?
The modern Australian family isn’t so simple anymore. Second marriages, de facto partners, stepchildren, estranged relatives all raise the stakes. Our 2025 survey found that a staggering 60% of Western Australians anticipate an inheritance dispute in their own family, the most common cause being sibling conflict, strained relationships, or disputes over sentimental items like the family home.
Intestacy can mean your wealth ends up in the wrong hands
Many mistakenly assume their spouse will automatically inherit everything. But under WA law, a surviving spouse may only receive part of the estate, the rest is divided among children, parents, or siblings. And if there’s no immediate family? The estate can ultimately pass to the State Government – known as escheat.
This is not rare. Research shows that around 1 in 5 West Australians fear their inheritance may end up in the wrong hands, either due to outdated Wills or intestacy.
The numbers don’t lie
Here are some key findings from the 2025 Inheritance Report:
- 42% of WA adults are Will-less or unsure.
- A further 10% have a Will over 10 years old which means it’s no doubt out of date and ripe for dispute.
- 60% of respondents anticipate a dispute in their family (especially between siblings).
And some national statistics from the University of Queensland:
- 74% of estate challenge cases going to court nationally see a change in distribution from what was outlined in the original Will.
- 87% of mediations result in a new distribution being agreed.
- Estates over $3 million face a pretty close to 100% success rate when challenged.
What if you’re young, single, or have ‘no assets’?
Many younger Australians, particularly Gen Z and Millennials, believe they don’t need a Will. Yet almost every Super fund includes automatic life insurance, often worth hundreds of thousands of dollars. That can mean your estate is far more valuable than you think.
Even modest estates are at risk: estates under $600,000 still face a 60% chance of a successful challenge. It’s not just about the money, it’s about ensuring control over where your legacy lands.
A Will is the foundation of your legacy
Dying intestate (without a Will) can leave behind far more than legal mess. It can:
- Tear families apart
- Destroy financial security for your partner or children
- Lead to a forced sale of the family home
- Leave underage children or those with disability or with special needs without appointed guardians
- Place major decisions in the hands of people you wouldn’t have chosen
On the flip side, a properly drafted Will, supported by a well-thought-out estate plan, is one of the most powerful gifts you can leave your loved ones. It provides certainty, peace of mind, and legal protection for those who matter most.
Ensure your wishes are honoured. Speak to an estate planning lawyer today.
The good news? There’s still time to take control of your legacy.
At Solomon Hollett Lawyers, we help you craft Wills and estate plans that not only protect your family but anticipate future challenges. Our approach is proactive, personal and built on deep understanding of Western Australia’s unique legal and social landscape.
If you’re ready to take the first step toward securing your legacy, book a confidential consultation with our estate planning team today. We’ll guide you through the process, answer your questions, and help ensure your wishes are clearly and legally captured.
