What happens if you die without a will in the Northern Territory?

No one likes to think about what will happen after they’re gone, but making a will is one of the most important steps you can take to protect your family. Sadly, many people in the Northern Territory pass away without a valid will in place. 

In this article, we’ll explain what intestacy means, how estates are managed without a will, and why making one now can save your loved ones stress and uncertainty in the future.

What are the rules of intestacy in the Northern Territory?

Dying without a will is legally referred to as ‘intestacy.’ When this happens, everything you own (your estate) must be divided according to a strict legal formula.

These rules are set out in the Administration and Probate Act 1969 (NT). They don’t consider your personal wishes or family dynamics. This means assets may go to relatives you would not have chosen, and people you wanted to provide for may miss out entirely.

Here’s how the estate is usually distributed under NT intestacy rules:

• Surviving spouse/partner, no children and no parent, sibling, niece/nephew – the spouse receives the whole estate.

• Surviving spouse/partner and children – the spouse/partner receives the household chattels and the first $455,100 of the estate (subject to change). If there is any amount remaining from the estate, the spouse/partner will receive either one third or one half of the balance (depending on the circumstances), and the children will share what is left over.

• Surviving spouse/partner, no children but surviving parent, sibling, niece/nephew - the spouse/partner receives the household chattels and the first $651,900 (subject to change). If there is any amount remaining from the estate, the spouse/partner will receive one half of the balance. The remaining one half of the balance will pass to other relatives in a set order: parents, siblings, and nieces/nephews.

• Surviving children, no spouse/partner – the children share equally the whole estate.

• No surviving spouse/partner, and no surviving children – the estate will pass to other relatives in a set order: parents, siblings, grandparents, aunts and uncles, and cousins.

• No surviving relatives – the estate goes to the Northern Territory Government.

This strict formula leaves no flexibility and may not reflect what the deceased would have wanted.

Who looks after the estate if there is no will?

When a valid will exists, the person nominated as executor takes control of the estate. Without a will, there’s no executor. Instead, someone must apply to be the administrator.

In the NT, the first step for anyone seeking to become an administrator is to check with the Public Trustee’s office to confirm whether a will exists. Even if you are certain there isn’t one, you must swear an oath that you’ve checked.

Once this is done, an eligible person (such as a spouse, de facto partner, child, or another next of kin) must apply to the Supreme Court for letters of administration. This document gives them legal authority to manage the estate, pay debts and distribute assets. 

Applying for letters of administration can be complex, especially if there are disputes between family members. A will lawyer can guide you through the process and ensure everything is handled correctly.

What are the risks of dying without a will?

The intestacy process can cause problems, especially in families where relationships are already strained. Some of the risks include:

• Loved ones you intended to provide for may miss out.

• Family members could face delays, costs and stress when applying for administration.

• The estate may be distributed in ways that cause conflict or disputes.

• De facto partners may need to prove their relationship in court.

• The Public Trustee may become involved, adding further expense.

Making a will avoids these risks and gives you peace of mind.

How to protect your wishes

The best way to ensure your wishes are carried out is by making a valid will. This allows you to choose who will administer your estate, who will inherit and how your assets will be shared.

At Halfpennys, our experienced team can assist with all aspects of wills, probate and estate planning, giving you peace of mind that everything is in order.

If a loved one has already passed away without a will, we can also help you apply for letters of administration and manage the estate process with sensitivity and care.

Don’t leave things to chance. Contact Halfpennys Lawyers today to safeguard your future and protect the people who matter most.