Do You Need a Will? Why It Matters More Than You Think

Many Australians delay writing a Will — often because it feels too hard, too soon, or simply not urgent. But what most don’t realise is that over 50% of Australians don’t have a valid Will, and the consequences can be serious. If you pass away without one, you’re considered to have died intestate, and your estate is distributed according to state laws — not your wishes.

This article explains what happens if you die without a Will, why having one matters, and how it helps protect your loved ones, your legacy, and your peace of mind.

What Happens If You Die Without a Will?

If you die without a valid Will, the law decides who inherits your estate — not you. In most states, your spouse and children are first in line, followed by parents, siblings, and extended family. But these laws don’t account for your relationships, intentions, or unique circumstances.

Dying without a Will can lead to:

• Unintended inheritances (e.g. estranged relatives receiving assets)
• Exclusion of important people (e.g. stepchildren, de facto partners, charities)
• Delays and higher legal costs due to the court needing to appoint an administrator
• No say in guardianship of your children
• Family disputes and uncertainty

Instead of a smooth transition, your loved ones may face months of legal paperwork, tension, and confusion — all during a time of grief.

1. Decide Who Inherits Your Assets

With a valid Will, you have the power to:

• Leave specific gifts to family, friends, or charities
• Decide how your assets — like property, savings, investments, and personal items — are distributed
• Prevent someone from inheriting, if necessary
• Make fair and intentional decisions in blended family situations

Intestacy laws follow a strict formula. A Will lets you create a tailored, thoughtful legacy.

2. Choose Who Manages Your Estate

When you create a Will, you appoint an Executor — the person responsible for carrying out your wishes. Without a Will, your family must apply to the court to appoint an administrator, which can lead to delays or disputes.

Your Executor will:

• Apply for probate
• Manage your assets
• Pay outstanding debts
• Distribute the estate according to your instructions

Choosing your Executor in advance ensures someone you trust is in charge.

3. Protect Children and Dependents

If you have children under 18 or dependents with special needs, your Will allows you to:

• Appoint a guardian to care for your children if both parents pass away
• Set up trusts to manage their inheritance until they’re old enough
• Outline how funds should be used for their education, healthcare, and general wellbeing

Without a Will, the court decides who cares for your children, and they may not choose the person you’d prefer. This can cause unnecessary stress and potential conflict in your family.

4. Avoid Delays, Costs, and Stress

When there’s no Will:

• The court must appoint someone to manage the estate
• Banks and institutions freeze accounts until proper documentation is provided
• The process can take months longer and cost significantly more

Having a Will:

• Makes the probate process faster
• Minimises legal fees and court costs
• Helps your family focus on healing — not red tape

Even a simple Will can save your estate thousands in unnecessary legal fees.

5. Reduce Family Disputes

Grief can make tensions worse. When there’s no Will, family members may argue over who should get what — or who should be in charge. These disputes often result in:

• Long, expensive legal battles
• Damaged relationships
• Delays in settling the estate

By clearly stating your intentions, you reduce the risk of confusion and conflict.

6. Provide for Pets, Charities, and Personal Wishes

A Will also lets you take care of what might otherwise be forgotten:

• Nominate a guardian for your pets and leave funds for their care
• Leave a bequest to a charity or cause you believe in
• Gift personal items to specific people
• Leave instructions for your funeral, cremation, or burial preferences
• Appoint someone to manage your digital assets (email, social media, etc.)

These details aren’t covered by intestacy laws, but they matter deeply to many people — and they show your loved ones you’ve thought of everything.

7. Gain Peace of Mind — For You and Your Family

One of the biggest benefits of writing a Will is the peace of mind it brings. It means:

• You’ve taken care of what matters most
• You’ve reduced the burden on your family
• You’ve created a plan that reflects your values and priorities

It’s not just about money — it’s about protecting the people you care about and removing uncertainty in one of life’s hardest moments.

When Should You Make or Update Your Will?

You should write a Will as soon as you:

• Turn 18
• Start working and accumulating assets
• Get married, separated, or divorced
• Have children or grandchildren
• Buy a property
• Start a business
• Want to leave assets to a friend, charity, or non-relative

It’s also important to review and update your Will every few years, or whenever your circumstances change. An outdated Will can be just as problematic as having none at all.

Common Questions About Wills

Q: Can I write a Will myself?
Yes — but there are strict legal requirements. It must be in writing, signed, and witnessed by two people who are not beneficiaries. Mistakes can make it invalid. If your situation is complex, it's best to use a lawyer or professional service.

Q: What if I don’t have much to leave?
Most people have more than they think — superannuation, vehicles, digital assets, personal items, and more. Even if your estate is modest, a Will avoids confusion and makes things easier for your loved ones.

Q: What happens to my Will after I die?
Your Executor submits it to the court for probate, then follows the instructions in your Will. Keep your Will in a safe place and tell someone (like your Executor) where it is.

Conclusion

Writing a Will isn’t just a legal task — it’s an act of care. It ensures your loved ones are supported, your wishes are honoured, and your legacy is protected.

At Australian Probate & Property Lawyers, we make the process simple, clear, and affordable. Whether you need to draft your first Will or update an existing one, we offer fixed-fee services and compassionate support every step of the way.

Ready to get started?
[Contact us today] to protect your future and give your loved ones peace of mind.