Many believe that, in the absence of a will, the government automatically claims the deceased’s assets. This is not entirely accurate.
When someone dies intestate (without a valid will), state ‘intestacy’ laws determine how their estate is distributed. Typically, priority is given to partners and children, followed by other relatives such as siblings and parents. However, if no family members can be located, the estate becomes “bona vacantia,” meaning it is transferred to the state. The government then has the discretion to use these funds as it sees fit.
Intestacy laws aim to provide a logical distribution framework, but they can’t account for the deceased’s personal relationships or wishes. For instance, close friends, dependents, or charitable causes may be left without any provision if they are not recognised under the legal process.
The risk of an estate passing to the government highlights the importance of having a comprehensive will in place. Poor planning or outdated estate documents can also lead to unintended outcomes.
To safeguard your wealth and ensure your wishes are followed, it’s critical to plan for the possibility of unexpected passing. Modern will drafting incorporates fallback provisions, such as naming charities or alternate beneficiaries, to address unexpected scenarios. These strategies protect assets and honour the legacy of the will-maker, even in complex situations. A well-drafted will reflects thoughtful planning and ensures your hard-earned assets benefit the people or causes you care about, rather than being left to chance—or the government. Our team offers professional advice and guidance to navigate these complexities, protect your assets and fulfil your wishes.