Picture trying to navigate your smartphone using instructions written in 1903. Sounds like insanity right? Yet that’s essentially what happens when you die without a Will in Western Australia – your modern, complex family situation gets handled by legislation that’s essentially 122 years old, with very few material updates since then.
The Administration Act: a relic from another era
The Administration Act was enacted in 1903 as “An Act to consolidate and amend the law relating to probate and administration and the duties on the estates of deceased persons and for other purposes.” Within this Act lies a strict formula for how an intestate person’s estate gets divided up, depending on what the family tree looks like.
To put this in perspective; when this law was written, women couldn’t vote, cars were a novelty, and the concept of a “de facto relationship” didn’t even exist in legal terminology.
Yes, there have been some updates. In 2022, legacy amounts for surviving spouses finally increased based on median house prices. Before this change, a surviving spouse only received household goods and the first $50,000 of an estate – the rest was divided among the children! Another uplift occurred in July 2025.
But do these changes make intestacy a better option? Unfortunately, not.
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The reality check: modern families don’t fit ancient formulas
Think about the last half-century: the rise and recognition of de facto relationships, blended families, same-sex couples, chosen families, and countless other non-traditional arrangements. Today’s families are beautifully complex, with step-children, half-siblings, distant relatives, and close friends who are “family” in every way that matters.
If each family is so different, how can you willingly bet your estate on a rigid formula that doesn’t factor in your reality, your people, or your wishes?
The intestate estate distribution formula is only a Plan B – and the results you get are Plan B quality too.
The top 5 problems with intestacy
1. No Executor means no choice
Without a Will, there’s no appointed executor. This complicates even the most basic decisions, like funeral arrangements. Imagine your grieving family having to fight over whether you should be buried or cremated, or where the service should be held. Yet these are issues families face often, where the deceased person didn’t make their wishes known or prepare a valid Will with instructions.
2. Difficulty appointing an Administrator
Only certain people may apply to administer an intestate estate, and they must be entitled to inherit under the default formula. So what happens when two people want to apply and can’t agree? More delays, more legal fees, and more family conflict.
3. Guardianship concerns for minors
With no clear wishes about who should take legal responsibility for young children, families face stress, conflict, and uncertainty during an already devastating time. The result might be the Court appointing someone you would never have chosen.
4. Limited access to Testamentary Trusts
While post-death trusts do exist in distribution of intestate estates, they are limited and lack the benefits and flexibility of properly structured testamentary trusts written into a Will. This can mean significant tax disadvantages and inflexible arrangements for your beneficiaries.
5. Simply not the result you would want
The intestacy rules can force a surviving spouse to bring a claim under the Family Provision Act because what they receive under the rigid formula doesn’t properly meet their needs. Cue more delays, costs, and heartache – plus an uncertain result.
The hidden costs of “free” estate distribution
Here’s the harsh truth: intestacy costs more—in complexity, time, money, and heartache for those left behind to navigate the legal maze.
When someone dies intestate, their family often faces:
- Extended court processes
- Higher legal fees
- Family disputes that could have been avoided
- Tax inefficiencies
- Inflexible trust arrangements
- Delayed access to funds when they’re needed most
The Administration Act exists – rightly so – as a backup plan where no plan was made. But Plan B doesn’t cut it when it comes to your family’s future.
Reframing estate planning: from chore to gift
Estate planning – including making a Will – can often be seen as a dreaded chore. It’s confronting, sensitive and forces you to make hard decisions.
But it doesn’t have to be doom and gloom. In fact, getting your Will done properly can be life-changing in the best way: by giving your beneficiaries assurance about the future.
Making a Will is a gift to your loved ones.
When you make a Will, you’re giving your family:
- Clarity in their darkest hour
- Protection from unnecessary legal battles
- Respect for your unique family dynamics
- Financial security structured the way you intended
- Peace of mind that your wishes will be honoured
Making a valid Will isn’t hard – but it takes action. And action takes courage.
Your call to action: be the spark
Here’s your challenge: Start conversations in your circles—with colleagues, friends, and family.
Make it normal to talk about your Will, and how important it is to have one. Ask questions, involve your loved ones, and gather the confidence to take care of your future legacy. Create safe spaces to discuss challenging things together with friends, families, colleagues, and communities.
Be the spark of awareness.
Ask someone: “Have you made a Will?” Share this article. Talk about your own estate planning journey. Make it okay to discuss these important topics instead of avoiding them.
The bottom line
Your family is unique, complex, and deserving of more than a one-size-fits-all formula written over a century ago. Plan A is making a Will that reflects your actual life, your actual family, and your actual wishes.
Don’t leave your loved ones to navigate a 122-year-old legal framework when you could give them the gift of clarity, certainty, and care.
The question isn’t whether you can afford the time or focus to get a Will in place – it’s whether your family can afford for you not to.
