Often people ask about making a will because they worry their assets will not reach family members, or that the government might take control. NSW has clear laws to deal with this, but the best protection is a valid, up-to-date will.
New South Wales legislation covers situations where someone dies without a valid will. Below is a short guide, and you can speak to our Wills and Estates team for tailored advice.
How can I make sure my family inherit my estate?
The formal requirements for a valid will in NSW are set out in section 6 of the Succession Act 2006:
- It is in writing.
- It is signed by you with the intention of executing the will.
- Your signature is made or acknowledged in the presence of two or more witnesses.
Under your will, an executor is responsible for administering the estate. Executors and trustees must carry out your wishes and deal with the estate promptly. See general guidance from NSW Trustee & Guardian.
Your will sets out who inherits each asset, including any specific gifts. Keep your will up to date as family circumstances change. If your estate is more complex, a testamentary trust may help manage assets after you pass away. For options and drafting, speak with Jameson Law or book a consult.
What happens when someone passes away?
Intestacy
If someone dies without a valid will in NSW, the estate is distributed under the intestacy rules. The law sets out who can apply, which relatives may inherit, and the procedure. Useful starting points include NSW Government guidance and the Supreme Court resources below.
An application to the Supreme Court of NSW in these cases is called Letters of Administration. See Service NSW: Apply for Letters of Administration.
Application for probate
If there is a valid will, the executor applies for probate so they can call in assets and distribute them to beneficiaries. Probate is filed in the Supreme Court of NSW. See the Court’s pages on Probate and Probate forms, or apply via Service NSW.
Applications can feel complex, especially where real property or multiple accounts are involved. You can also review federal guidance on tax steps for estates at the ATO: Deceased estates.
If you need help preparing or updating a will, lodging a probate application, or dealing with intestacy, contact our Wills and Estates team or call (02) 8806 0866. We offer practical, Sydney-focused advice and can handle filings with the Supreme Court of NSW and liaise with Service NSW as needed.
