A member asked about 9 years ago

State role in intestacy

Does my estate automatically revert to the State if I die intestate?

Christopher Heazlewood
Principal at Heazlewood Legal & HR Services

The short answer is no unless there are no other living persons to whom the estate may be distributed. There is a structure for the distribution of an estate which is described in another answer.


For NSW I would suggest you review the NSW State Trustee and Guardian web site. There is a useful discussion of wills.


It is best to have a will so that this issue does not arise. If you are asking the question and can still make a will I suggest you do so!

Answered almost 9 years ago   Legal disclaimer

Val Antoff
1 lawyer agrees with this answer
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Nicholas Stewart
Partner at Dowson Turco Lawyers
No, in NSW the Succession Act provides a hierarchy eligiblepeople to claim on an intestate estate. People like your spouse at the time of your death, your children and other family members including parents may have a claim under the prescribed eligibility tree. You should nevertheless draft a Will because it will allow you to exercise some control as to who gets what and when. Bear in mind, though, that a Will does not prevent eligible people from claiming more from your estate than they were given under the Willor claimingapart of the estatein circumstances where you excluded them entirely in your Will.

Suggested way forward

Speak to a lawyer about your specific situation but you are best placed to start with drafting a Will.

Answered almost 9 years ago   Legal disclaimer

Val Antoff
1 lawyer agrees with this answer
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Val Antoff
Lawyer at Irdi Legal

No, your estate does not revert automatically to the State if you die intestate.


In Western Australia the property of a person who dies intestate is distributed according to a legislated will found in the Administration Act 1903 (WA).


The property will pass to the Crown if a person dies intestate leaving no husband or wife and no issue, parent, brother, sister, child of a brother or sister, grandparent, uncle, aunt or child of an uncle or aunt.


The following is a decision tree about entitlements on intestacy in WA.



Answered almost 9 years ago   Legal disclaimer

Brennan Ong Nicholas Stewart Sandy  Rizkallah
3 lawyers agree with this answer and 1 member found this useful
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