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Legal guide · Victoria

What happens if you die without a will in Victoria?

If you die without a valid will, the law decides who gets what under fixed "intestacy" rules — which may not reflect your wishes. A will puts you back in control.

Wills & estates

If you die without a valid will in Victoria, your estate is distributed under intestacy rules — a fixed legal formula that decides who inherits, based on your surviving relatives. It often doesn’t match what people would have wanted.

Who inherits

The rules give priority to a spouse or partner and children, then other relatives, in set shares. Unmarried partners, stepchildren and friends may miss out even if you’d have provided for them.

Extra cost and delay

Someone must apply for letters of administration, and disputes are more likely — all of which adds cost, delay and stress for your family.

How we help

A simple, valid will avoids all of this. We prepare your will (and powers of attorney) at a fixed fee. Book a consult and take back control.

Common questions

Good to know

Who inherits if there’s no will?

The intestacy rules give priority to a spouse or partner and children in set shares — which may not reflect your wishes.

Can an unmarried partner miss out?

They can, depending on the circumstances. A will is the way to make sure the people you choose are provided for.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

No will yet? Protect your family — book now.

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