You aren't Intestate (yet). But you are almost certainly "Atestate."
By Drew Browne
We have a gaping hole in the English language, and it is costing Australian families their fortunes.
In the legal and financial world, we have a clear word for what happens when you die without a Will. You are "Intestate." It comes from Latin (intestatus), and it is a messy, expensive, bureaucratic nightmare for the people you leave behind.
Read in this article
- But 'Intestate' is a status triggered only by death.
- Why we need this word
- The Mortality Rate of Wealth
- Frequently Asked Questions about Atestate
- Frequently Asked Questions about Atestate
- What does it mean to be Atestate?
- Why is being Atestate a high-risk financial state?
- What is the difference between Atestate and Intestate?
- What happens to my estate if I stay Atestate?
- Can state intestacy laws override my family's needs?
- Are you currently living Atestate?
- Frequently Asked Questions: Atestacy & Legal Vulnerability
But 'Intestate' is a status triggered only by death.
What about right now? You are sitting there, reading this screen, drinking your coffee. You are very much alive. But, like 50% of Australians, you do not have a valid, up-to-date Will.
You aren't Intestate, because you aren't dead.
So, what are you?
The language had a gap. So, I fixed it.
The Definition of "Atestate"
Atestate /ay-tess-tate/ (adjective)
- Legal/Medical: The high-risk biological state of being alive and possessing assets, but lacking a valid testamentary document to protect them.
- Colloquial: Walking through life "Legacy-Naked."
- Usage: "The patient appears healthy, but their financial vitals show they are chronically Atestate."
See also: Denial, Procrastination, The Silent Void. Antonym: Protected.
Why we need this word
We need this word because we often fail to solve problems we cannot name.
Think of being Atestate like being Asymptomatic.
If you have high blood pressure, you might feel perfectly fine. You look healthy. You can go to work and play sport. But underneath the hood, a silent killer is waiting.
Being Atestate is identical. You feel safe. Your family feels secure. But you are walking around in a state of high-risk exposure. You are living without the "antibody" (a Will) that protects your family from the "virus" (the legal system).
The Mortality Rate of Wealth
If you remain Atestate, the mortality rate for your wealth is nearly 100%.
When you die Atestate, you immediately become Intestate. At that moment, the State Government steps in and applies a generic, one-size-fits-all formula to your life's work.
- They decide who gets your house
- They decide who manages your money
- They decide (in many cases) who looks after your children.
Frequently Asked Questions about Atestate
Frequently Asked Questions about Atestate
What does it mean to be Atestate?
Atestate describes the high-risk state of being alive and possessing assets but lacking a valid Will. It is a period of "legal vulnerability" where your intentions are not yet documented.
Why is being Atestate a high-risk financial state?
Being Atestate is like being asymptomatic; you feel secure, but you are one health event away from your estate being governed by rigid government formulas rather than your personal wishes.
What is the difference between Atestate and Intestate?
Intestate is a status triggered by death (dying without a Will). Atestate is a status that applies while you are alive. The goal of estate planning is to move from "Atestate" to "Protected."
What happens to my estate if I stay Atestate?
If you pass away while Atestate, your assets are distributed according to the Intestacy Laws of your State or Territory. These "default settings" often fail to account for modern family structures or specific legacy goals.
Can state intestacy laws override my family's needs?
Yes. In many Australian states, if you die without a Will, a spouse may only receive a fixed "legacy" (often between $150k and $500k) if there are children from previous relationships. This can leave a surviving partner financially stranded.
Are you currently living Atestate?
The cure for Atestacy is not 'more willpower'. It's simply action.
If you are tired of walking around Legacy-Naked, we have built a diagnostic tool to help you understand exactly what kind of protection you need.
Frequently Asked Questions: Atestacy & Legal Vulnerability
What does it mean to be Atestate?
Atestate describes the high-risk state of being alive and possessing assets but lacking a valid Will. It is a period of "legal vulnerability" where your intentions are not yet documented. While you may feel secure today, you are essentially living without the "legal antibody" needed to protect your family from the court system.
What is the difference between Atestate and Intestate?
The distinction is timing. Intestate is a status triggered by death (dying without a Will). Atestate is a status that applies while you are alive. We created this word because you cannot solve a problem you cannot name; identifying as Atestate allows you to take action before the status becomes permanent.
Why is being Atestate a high-risk financial state?
Being Atestate is like being asymptomatic—you feel perfectly fine, but a "silent killer" of wealth is waiting. You are one unexpected event away from having your life's work governed by rigid government formulas rather than your personal wishes and the specific needs of your loved ones.
What happens to my estate if I stay Atestate?
If you pass away while Atestate, your assets are distributed according to the Intestacy Laws of your State or Territory. These "default settings" are cold and bureaucratic, often failing to account for modern family dynamics, blended families, or specific charitable intentions.
Can state intestacy laws override my family's needs?
Yes. In many Australian jurisdictions, if you die without a Will, a spouse may only receive a fixed "legacy" amount if there are children from previous relationships. Without a Will to provide direction, the law follows a generic formula that can leave a surviving partner financially stranded or force the sale of a family home.
Is your brain risking your life's work?
Getting the numbers right is only half the battle. If you find yourself delaying this decision, it’s not because you’re lazy; it’s biology.
This concept is part of the CARE Blueprint™ developed for our upcoming book on behavioral estate planning.
Call us today on 1300 137 403 or email us here for a no-obligation private chat about your situation.
Drew Browne is a specialty Financial Risk Advisor working with Small Business Owners & their Families, Dual Income Professional Couples, and diverse families. He's an award-winning writer, speaker, financial adviser and business strategy mentor. His business Sapience Financial Group is committed to using business solutions for good in the community. In 2015 he was certified as a B Corp., and in 2017 was recognised in the inaugural Australian National Businesses of Tomorrow Awards. Today he advises Small Business Owners and their families, on how to protect themselves, from their businesses. He writes for successful Small Business Owners and Industry publications. You can read his Modern Small Business Leadership Blog here. You can connect with him on LinkedIn. Any information provided is general advice only and we have not considered your personal circumstances. Before making any decision on the basis of this advice you should consider if the advice is appropriate for you based on your particular circumstance.
