What Happens If You Die Without An Estate Plan

Introduction

Planning for the future is essential, especially when it comes to your estate. If you pass away without a proper estate plan in place, it can create a range of complications for your loved ones. In this guide, Wright Street Lawyers in Adelaide, South Australia, will explain the consequences of dying without an estate plan.

Consequences of Dying Without an Estate Plan

Intestacy Laws

When someone dies without a will or estate plan, they are said to have died intestate. In such cases, the distribution of the deceased person’s assets is governed by the intestacy laws in South Australia. These laws determine how the estate will be divided among the deceased person’s family members.

Probate Process

Without a will, the probate process can become more complicated and time-consuming. The court will need to appoint an administrator to handle the distribution of assets, which can lead to delays and additional expenses for the estate.

Guardianship Issues

If you have minor children and die without an estate plan, the court will have to determine who will be their legal guardian. This decision may not align with your wishes, causing potential disputes among family members.

Frequently Asked Questions

What happens to my assets if I die without a will?

Without a will, your assets will be distributed according to the intestacy laws of South Australia. This may not align with your wishes and could lead to disputes among your family members.

Can I avoid intestacy by creating a simple will?

Yes, creating a simple will can help you avoid intestacy and ensure that your assets are distributed according to your wishes. It is essential to consult with an experienced estate planning lawyer to create a legally valid will.

Do I need a lawyer to create an estate plan?

While it is possible to create a basic estate plan on your own, consulting with a lawyer can help ensure that your plan complies with all legal requirements and is tailored to your specific needs and circumstances.

Consult Wright Street Lawyers for Estate Planning Assistance

At Wright Street Lawyers in Adelaide, South Australia, we specialise in family law, estate planning, probate, and criminal defense. If you need assistance with creating an estate plan or have questions about the consequences of dying without one, contact us today for client-focused legal advice and representation.

Contact Wright Street Lawyers for personalised legal assistance in Adelaide, South Australia.