Wills & Estate Planning Hub

If you have assets, children, a partner, or simply personal wishes about what should happen when you pass away, you need a will. Many people assume wills are only for the wealthy—but that’s a dangerous misconception. A will is for anyone who wants to make sure their belongings, finances, and family are taken care of according to their wishes. Even if you only have a small estate or a single bank account, a will gives you control over who receives it. If you have dependent children, a will is critical to name a legal guardian. If you’re in a blended family or have estranged relatives, a will can prevent disputes or unintended beneficiaries. It’s also essential if you want to leave something to charity, friends, or stepchildren—because without a will, they may receive nothing. Ultimately, a will is your legal voice after death—if you want to be heard, it’s time to make one.

If you pass away without a legally valid will in Australia, your estate is considered intestate. This means state-based intestacy laws will dictate how your assets are distributed. Typically, your estate will go to your closest living relatives—spouse, children, parents, or siblings—in a strict legal order. However, this may not reflect your personal wishes, especially if you’re in a blended family, have dependants with special needs, or want to include friends or charities. Intestacy can also lead to delays, added costs, and emotional stress for your loved ones, especially if disputes arise over who gets what. In some cases, the Public Trustee may be appointed to manage your estate. To ensure your wishes are honoured and your family is protected, it’s critical to create a valid, up-to-date will with legal guidance.

A will is just one part of the broader process known as estate planning. Your will specifies who will inherit your assets, who will act as executor, and who will care for your children (if applicable). However, estate planning goes much deeper. It involves strategic decisions about how your wealth is managed and distributed, both during your lifetime (in cases of incapacity) and after death. Estate planning can include setting up trusts, creating powers of attorney, nominating superannuation beneficiaries, and preparing advance care directives for medical decisions. It also considers tax implications, blended families, business succession, and protecting vulnerable beneficiaries. In short, a will handles distribution—estate planning ensures your legacy is protected from every angle. Done well, it saves your family time, money, and unnecessary conflict.

Yes, a will can be contested under certain circumstances in Australia—especially if someone believes they were unfairly left out or if the will may not reflect the true intentions of the deceased. Common grounds for contesting a will include: lack of testamentary capacity (i.e. the person didn’t understand what they were signing), undue influence (where someone pressured the will-maker), fraud, or improper execution. Additionally, certain individuals—such as spouses, de facto partners, children, or dependants—may file a family provision claim if they believe they were not adequately provided for. Contesting a will can delay the probate process and create tension between beneficiaries. To help reduce the risk of disputes, it’s wise to work with an experienced estate planning lawyer to ensure your will is valid, fair, and clearly documents your wishes. You may also consider including a statement of intent or using testamentary trusts for greater protection.

It’s important to update your will whenever your personal, financial, or family circumstances change significantly. Major life events—such as getting married or divorced, having children or grandchildren, buying property, starting a business, or losing a loved one—should prompt a will review. You should also update your will if your executor can no longer serve or if your relationship with a beneficiary changes. Even if there are no major events, it’s good practice to review your will every 3 to 5 years to ensure it still aligns with your wishes and current laws. A will that hasn’t been updated can cause confusion, delays, or unintended consequences—especially if assets are not properly addressed. If you move interstate, review your will with a lawyer familiar with your new state’s laws. Keeping your will current is one of the simplest ways to protect your legacy and make things easier for your family.

Technically, no—you can write your own will using a DIY kit or an online service. However, DIY wills are risky, especially if your estate is complex or your family situation isn’t straightforward. Common issues with DIY wills include missing signatures, unclear language, invalid witnesses, and failure to comply with NSW legal requirements. These mistakes can result in the will being challenged or deemed invalid, leading to court disputes and added stress for your loved ones. A lawyer ensures your will is tailored to your specific needs, legally binding, and protected against future challenges. They can also advise on trusts, tax implications, and how to protect vulnerable beneficiaries. For something as important as your legacy, it’s worth investing in proper legal advice to get it right the first time. A well-drafted will gives you peace of mind—and spares your family from future legal complications.