A Last Will and Testament communicates your final wishes and gives you control over your assets once you pass away. If you die without a Will, your grieving loved ones have to overcome unnecessary obstacles to gain control and ownership over your assets and property.
Without a Will, your loved ones must abide by the Administration Act 1969 to determine who will act as the administrator for your estate. Under this act, one of your loved ones must apply to the High Court and obtain “letters of administration.” The court doesn't decide who should be the administrator of your estate, rather they can approve or deny the application for letters of administration.
The administrator does not get to decide how to distribute assets. Instead, the assets are distributed according to the order of priority set out in the Administration Act 1969, leaving your desires out of the decision-making process altogether. Generally, assets go to the closest surviving family members.
Applying for the letters of administration can cause extra stress for your family and delay the process of closing your estate while they are grieving. Creating a Last Will and Testament is the best way of avoiding these problems for your family.