In this instance you will die 'intestate' and your estate assets will be distributed in accordance with the laws of intestacy.

In South Australia the manner of intestate distribution is set out under s72G of the Administration and Probate Act 1919 and related provisions. As an example of the way these provisions may operate:

• if you are survived by spouse or domestic partner but no children, your spouse or domestic partner will receive the whole of your intestate estate;
• if you are survived by a spouse or domestic partner and children, your spouse is entitled to $100,000 and one-half of the balance of the estate and your children are entitled to share equally in the remaining one-half of the balance of the estate;
• if a child of yours does not survive you, leaving children of their own surviving you, then your grandchildren will receive their deceased parent's share;
• if you are not survived by a spouse or domestic partner or children, your estate will be distributed among your parents in the first instance, then your brothers and sisters and so on.

Similar provisions exist in all other States and Territories but often with considerable variation.

It is also important to keep in mind that certain assets, such as superannuation, life insurance policies and property you own as 'joint tenants' with another, are not automatically controlled by your will. Additional steps must be taken to ensure these are disposed of in accordance with your wishes, as a will is just one part of an effective estate plan.

Because instate provisions may not align with your own testamentary wishes, it is important to invest in an estate plan that not only achieves your wishes but preferably minimizes taxation and maximizes asset protection.