Why Making a Will is Essential

No one likes to think about their own mortality, but having a legally valid Will is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected. In Australia, dying without a Will (intestate) can lead to lengthy legal battles, unexpected distribution of assets, and unnecessary stress for your family.

Here’s why making a Will should be a priority for every Australian adult.

1. You Decide Who Inherits Your Assets

   Without a Will, your estate is distributed according to state intestacy laws, which may not reflect your wishes. For example:

   1. A spouse or de facto partner may not automatically inherit everything.

   2. Children from previous relationships could be unintentionally excluded.

   3. Friends, charities, or non-relatives you wish to benefit will receive nothing.

   
   

   A valid Will ensures your assets go to the people (or organisations) you choose.

   
   

2. Protect Your Children’s Future

   If you have minor children, your Will allows you to:

   1. Appoint a legal guardian to care for them if both parents pass away.

   2. Set up a testamentary trust to manage their inheritance until they reach a certain age.

   3. Specify how funds should be used for their education and wellbeing.

   
   

   Without these provisions, a court may decide who looks after your children and how their inheritance is managed.

   
   

3. Avoid Family Disputes

   Family conflicts often arise when there’s no clear Will. Disputes over property, sentimental items, or financial assets can lead to costly and emotionally draining legal battles. A well-drafted Will reduces ambiguity and helps prevent disputes among loved ones.

   
   

4. Minimise Legal Delays & Costs

   Dying intestate means your estate must go through a longer probate process, with administrators appointed by the court. This can:

   1. Delay asset distribution for months (or even years).

   2. Increase legal and administrative costs, reducing what your beneficiaries receive.

   
   

   A properly prepared Will speeds up the process and keeps costs down.

   
   

5. Account for Blended Families & Complex Situations

   Modern families often include:

   1. Stepchildren or dependents not biologically related to you.

   2. Former partners who may still have financial claims.

   3. Business partners or co-owners of property.

   
   

   A Will allows you to specify exactly how these relationships should be handled, preventing unintended outcomes.

   
   

6. Plan for Digital Assets & Superannuation

   Many people forget that superannuation and digital assets (social media, online accounts, cryptocurrencies) may not automatically form part of your estate. Your Will can:

   1. Include binding death benefit nominations for super.

   2. Provide instructions for accessing or closing online accounts.

   
   

7. Support Your Favourite Causes

   If you want to leave a legacy by donating to charity, a Will is the best way to ensure your wishes are fulfilled. Without one, charities won’t receive anything from your estate.

   
   

8. Peace of Mind for You & Your Loved Ones

   Creating a Will gives you control and certainty, knowing that your affairs are in order. It also spares your family from additional stress during an already difficult time.

When Should You Update Your Will?

Your Will should be reviewed whenever major life events occur, such as:

✅ Marriage, divorce, or separation

✅ Birth of a child or grandchild

✅ Acquisition of significant assets (property, investments, businesses)

✅ Changes in tax or inheritance laws

How to Make a Valid Will in Australia

For a Will to be legally binding, it must:

✔ Be in writing and signed by you.

✔ Be witnessed by two independent adults (not beneficiaries).

✔ Clearly outline your wishes.

While DIY Will kits exist, they can lead to errors or disputes. Consulting a solicitor ensures your Will is legally sound and covers all necessary details.

Final Thoughts

No matter your age or wealth, having a Will is a responsible and caring act for those you leave behind. Don’t leave it to chance—take control of your legacy today.

Need help drafting or updating your Will? Contact our experienced estate planning team for personalised advice.