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What happens if you die without a will in Victoria?

If you die without a valid will (intestate), Victorian law — not you — decides who inherits, under a fixed formula.

Dying without a valid will is called intestacy. Your estate is distributed under a formula in the Administration and Probate Act — which may not match your wishes. Depending on your family, it's shared between your spouse or partner and children under set rules.

It usually means more delay, cost and stress for your family — someone must apply for Letters of Administration, and disputes are more likely without clear instructions.

The fix is simple and affordable: a properly drafted will. We can prepare one quickly, so your wishes — not a formula — decide what happens.

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General information only, specific to Victoria and current as at 2026 — not legal advice. Please contact us for advice about your particular situation.

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