What happens to your estate if you die without a Will?
February 19, 2026
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Have you ever wondered what would happen to your estate if you died without a Will?
The majority of us spend our lives working hard to build a financially stable future for ourselves, our children and our families. Yet despite our work ethic and efforts, unfortunately more than 50% of us will die having failed to implement any form of Will to address the transfer of our wealth to our loved ones.
After more than 10 years advising clients in the area of wills and succession planning, one thing is clear…very few clients actually understand how their estate will be divided if they die without a Will (also known as an “intestacy”). Clients can often be divided into 2 groups, the ones who worry the government will take it all and those who mistakenly believe that everything will first pass to their surviving spouse and then equally between their children. Neither of these views are entirely correct.
In WA, legislation governs the fate of your estate assets if you die without a Will. The legislation contains a table which sets out how a person’s estate is to be divided upon death. The table covers situations where a person dies with or without, partners, children, parents and/or siblings.
Let’s look at one example…
Mum, Dad and 3 children aged 12, 16 and 18. Their main asset is their family home which is registered in mum’s name only.
Mum dies leaving behind dad and the 3 children. How will her estate be divided?
Dad will receive:
- all of mum’s personal items
- the first $50,000 of mum’s estate, and
- 1/3 of the balance of mum’s estate.
The children will each receive an equal share in the remaining 2/3 of the balance of mum’s estate upon 18 years of age.
This might not appear completely inappropriate at first thought, but what does it mean in practical terms?
Well, the children upon reaching 18 years of age can force dad to sell the family home. If the 18 year old happens to have a drug addiction or a spending habit, this would mean a large sum of disposable funds would be made available to him/her at a very early age – in the meantime, dad and the younger children could be left homeless.
A Will would solve many issues in the above situation. It could provide for the home to pass to dad upon mum’s death, and divide the estate equally between the children if dad failed to survive mum. A special protective trust could be created for each of the children to ensure that their inheritances are protected until they reach a later age, perhaps 25 or 30 years of age. This type of protective trust could fund the children’s education and day to day costs but preserve the capital assets until they are each old enough to manage a large sum of money.
As you can see, an intestacy is often not reflective of a deceased’s testamentary wishes and results in undesirable distribution and tax outcomes for surviving relatives.
If you are one of the 50% without a valid Will, or perhaps someone with an outdated Will, please contact us to arrange a time to meet and discuss your requirements, your loved ones will thank you for it.
Finally, for those of you still wondering… “yes”, the State Government will take your estate but only if you are not survived by any relatives.
Bailiwick Legal has been honoured to support Forever Wild over the past few years as they delivered one of the most significant conservation land acquisition programs undertaken in Western Australia. Our team assisted Forever Wild with the strategic purchase of four pastoral stations, Narndee , Boodanoo , Meeline and Challa , transactions that now connect three State Reserves and protect more than 12,000 square kilometres of land. To put that scale into perspective, the combined area is approximately five times the size of the ACT and nearly one-fifth the size of Tasmania . Navigating complexity at scale These were not straightforward property transactions. Each acquisition involved: Multiple pastoral leases Layered regulatory and approval pathways Significant operational and on-ground assets Numerous stakeholders across government, industry and land management Our role was to guide Forever Wild through this complexity with clarity, precision and confidence, ensuring each transaction progressed efficiently while managing risk and safeguarding long-term objectives. “ Forever Wild is creating a world-leading model for nature funding that demonstrates we can manage viable, working pastoral stations whilst also restoring and protecting local ecological flora and fauna, and engaging and supporting Indigenous people and local communities. Complex & challenging, but this initiative could literally change the world .” Jessica Brunner - Director, Bailiwick Legal A growing and evolving legal landscape Large-scale conservation acquisitions sit within an emerging and increasingly complex legal field , intersecting land tenure, pastoral regulation, environmental frameworks and commercial considerations. These matters demand a deep understanding of both the legal mechanics and the practical realities of operating in regional and remote Australia. Our team’s experience in agribusiness, pastoral land transactions and regulatory approvals allowed us to support Forever Wild at every stage, from strategic structuring through to completion. Proud to support leadership in nature finance Forever Wild is widely recognised as an industry leader and a steadfast advocate for nature finance initiatives , helping pave the way for greater accessibility and innovation in conservation funding and land stewardship. We are proud to have contributed our relationships, expertise and practical legal insight to help Forever Wild achieve its vision, and to have played a role, however small, in shaping a groundbreaking future for conservation in Australia. At Bailiwick Legal, we value the opportunity to work alongside organisations that are thinking long-term, acting boldly, and creating outcomes that extend well beyond the transaction itself. For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
Bailiwick Legal Advises on Landmark Acquisition of Rawlinna Station by Consolidated Pastoral Company
Bailiwick Legal is proud to have acted for Consolidated Pastoral Company (CPC) in its successful acquisition of Rawlinna Station , Australia’s largest sheep station, located on the remote Nullarbor Plain in Western Australia. Spanning over 1 million hectares and running approximately 30,000 sheep , Rawlinna is an iconic pastoral asset with a rich legacy, having been held by the MacLachlan family’s Jumbuck Pastoral Company since its establishment in 1962. The sale marks the first change of ownership in over six decades and was finalised following formal approval from the Western Australian Government for the transfer of the pastoral leases. This transaction involved navigating: The transfer of three separate pastoral leases Coordination across multiple vendor entities Consideration of livestock and operating assets Fulfilment of regulatory and compliance requirements, including WA lease approval processes Bailiwick Legal is a boutique agricultural and regional law firm , proudly based in Perth and Bridgetown, Western Australia. Our role in this acquisition demonstrates that deep sector knowledge, local insight, and personalised legal support are crucial for agribusiness clients managing complex, high-value transactions. Our team, led by our regionally-based solicitor, Matilda Lloyd, provided end-to-end legal and strategic support, including: Due diligence on land tenure and operating assets Contract negotiation and preparation Advice on regulatory approvals and compliance Strategic coordination with CPC’s internal and external stakeholders to ensure a smooth and timely settlement We are honoured to have supported CPC in this milestone acquisition and look forward to watching Rawlinna’s next chapter unfolds. At Bailiwick Legal, we believe that regional expertise, deep industry knowledge, and relationship-based service remain essential to agribusiness success, no matter the scale. Congratulations to all parties involved, including the MacLachlan family, whose stewardship of Rawlinna leaves a lasting legacy in Australian agriculture. – The Bailiwick Legal Team Working alongside agribusinesses to grow, transition, and thrive . For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au By Matilda Lloyd (Associate) For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
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