Intestate succession: what happens without a will
Dying without a will means intestacy rules distribute your estate. Here's the SA statutory order – and why it often misses the mark.
If you die without a valid will in South Australia, your estate is distributed under the intestacy rules in the Administration and Probate Act 1919 (SA). Your spouse (including qualifying de facto partner) gets the first portion; children share the rest; if no spouse or children, the estate passes to parents, siblings, nieces/nephews, and more distant relatives.
The intestacy order in SA
Spouse alone (no children): spouse receives everything. Spouse and children: spouse receives $100,000 and personal effects plus one-half of the remainder; children share the rest equally. Children alone (no spouse): children share equally, with substitute provisions for deceased children's issue. No spouse or children: parents, then siblings, then nieces and nephews, then further relatives.
Qualifying de facto partners
A de facto partner qualifies if the relationship was continuous for at least 3 years, or there's a child of the relationship, or the relationship is registered. Otherwise the partner receives nothing under intestacy (though a family provision claim may be possible).
Step-children
Step-children don't inherit under intestacy unless adopted. This is a common surprise – many people assume step-children would inherit, but without a will they don't.
Why intestacy often goes wrong
The intestacy rules apply an average-case template to every estate. They don't know about your charitable wishes, your step-children, your vulnerable beneficiary with addiction, or your business succession plans. Most intestate estates produce distributions the deceased would have objected to.
Family provision claims
Disappointed relatives can make family provision claims under the Inheritance (Family Provision) Act 1972 (SA). But this is litigation, not an automatic distribution – and it's much more expensive than a properly drafted will.
Summary
Dying without a will means intestacy rules distribute your estate. Here's the SA statutory order – and why it often misses the mark.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
Related reading
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.