You need a will to make sure your assets go to the right people, reduce the burden on your loved ones, and prevent unnecessary legal complications after you pass away. While it’s easy to think ‘Why do you need a will?‘, the reality is that having a valid will gives you more control, peace of mind, and protection for the people you care about.
At Law Tram, we simplify the process of getting legal help to create or update your will. We connect you with licensed Australian will lawyers online, through a secure, free, and obligation-free consultation. Whether you’re just starting to think about your estate or already know what you want to include in your will, our platform ensures you receive practical legal advice tailored to your situation.
Quick Summary – Reasons Why You Need a Will
- Appoint guardians for your children
- Reduce the risk of family disputes
- Make gifts with financial or sentimental value
- Leave donations to charities you support
- Minimise legal delays and administrative costs
- Ensure your estate is handled efficiently
- Gain peace of mind knowing your wishes are clear
What Is a Will and Why Does It Matter?
A will is a legally binding document that sets out what should happen to your assets and responsibilities after you die. It can include instructions for how your estate should be divided, who should look after your children, and who will carry out your wishes (known as your executor).
Why do you need a will? Without a will, you lose control over those decisions – and the law decides for you. That can lead to delays, stress, and outcomes that don’t reflect what you would have wanted. Making a will ensures your wishes are clearly understood and legally enforceable.
Who Can Make a Will in Australia?
Legal Age and Testamentary Capacity
In most cases, anyone aged 18 or over can make a will in Australia – as long as they have what’s called testamentary capacity. This means you understand the nature and effect of the document you’re signing, what property you own, and who might reasonably expect to benefit from your estate.
Special Cases for Under 18s
People under the age of 18 can sometimes make a valid will in special circumstances – for example, if they’re married or have court approval. If you’re unsure whether you or a loved one is eligible to make a will, a wills lawyer can help clarify your situation.
The Benefits of Having a Will
✔️ You Decide Who Inherits Your Estate
When you have a valid will, you’re in control of who receives what – whether it’s money, property, or treasured personal belongings. Without one, your estate is divided according to a strict legal formula that may not reflect your wishes or the needs of your family.
A will allows you to make gifts to specific individuals or groups, whether that’s children, close friends, or charitable organisations. It also lets you protect vulnerable family members by providing financial support in a way that suits their needs.
Example:
When Margaret, a retired teacher from Geelong, passed away without a will, her estate was divided between estranged relatives she hadn’t spoken to in over a decade. Had she made a valid will, she could have ensured her long-time neighbour and caregiver received the home they had shared for years.
✔️ You Can Appoint a Guardian for Your Children
If you have young children, your will allows you to name a guardian – someone you trust to take care of them if you pass away. Without this in place, the court may be forced to make that decision without knowing your wishes.
Appointing a guardian in your will ensures your children are looked after by someone you’ve chosen and who understands your values.
✔️ You Minimise Family Conflict and Disputes
The absence of a will often leads to confusion and disagreements between surviving family members. A clear, legally valid will removes uncertainty and helps prevent disputes over who gets what.
It’s not just about money – family members may argue over sentimental possessions or the right to manage your affairs. A well-written will can reduce this risk significantly.
Expert Insight
“One of the most common sources of family conflict after someone dies is uncertainty around what they would have wanted. A well-drafted will avoids ambiguity and gives everyone clarity at a time when emotions can already be running high.”
— Paul Jones, Principal Lawyer at SPC Lawyers
✔️ You Speed Up the Legal Process and Save on Costs
Administering an estate is usually simpler and quicker when there’s a valid will. Your chosen executor can act without needing to apply for letters of administration – a slower and sometimes more expensive process required when there is no will.
This can reduce the legal costs your estate must pay and ease the administrative burden on your loved ones.
✔️ You Can Support Charitable Causes
A will allows you to make a lasting impact by including a gift to a charity or cause that matters to you. Whether it’s a percentage of your estate or a fixed amount, these bequests are often tax-effective and deeply appreciated.
Your will can reflect your personal values and make a difference even after you’re gone.
✔️ You Get Peace of Mind
Above all, having a will brings peace of mind. You know your affairs are in order and your loved ones won’t be left with uncertainty or legal stress. It’s a proactive way to make sure your voice is heard – even when you’re no longer here.
What Happens If You Don’t Have a Will?
When someone dies without a valid will, they are said to have died intestate. This means their assets are distributed according to a fixed legal formula – not personal preference.
No Control Over Who Inherits
Intestacy laws in each state and territory decide who receives what, usually prioritising spouses, children, or other close relatives. But the result may not reflect your actual wishes. For example, unmarried partners, stepchildren, or friends may receive nothing, even if you had intended otherwise.
No Say in Guardianship
Without a will, you don’t get to nominate a guardian for your minor children. The court will decide who is best placed to care for them – potentially someone you wouldn’t have chosen yourself.
Delays and Additional Costs
Handling an estate without a will typically takes longer and can be more expensive. The court must appoint an administrator, which may involve extra steps and paperwork. In some cases, this delay can cause hardship for the people who were depending on you.
Example:
Daniel, a small business owner from Brisbane, died suddenly without a will. His partner of 15 years wasn’t legally recognised and was forced to move out of their shared home, which was inherited by Daniel’s siblings. The legal process took over a year and caused significant emotional and financial stress.
Higher Risk of Family Disputes
Without clear instructions, disagreements between family members are more likely. A lack of direction can lead to strained relationships, legal challenges, or unwanted outcomes – all of which can be avoided with a legally valid will.
Choosing an Executor
Your executor is the person (or people) responsible for carrying out the wishes in your will. They will handle everything from applying for probate to distributing your assets, paying debts, and finalising your affairs.
Who Can Be an Executor?
You can appoint anyone over 18, including a trusted friend, family member, lawyer, or professional trustee. It’s also possible to name more than one executor to share responsibilities or act as a backup if your first choice is unable or unwilling to act.
What to Consider
Choose someone who is organised, trustworthy, and willing to take on the role. It’s helpful if they understand your values and have the time and ability to manage the process. You should always speak with your chosen executor to make sure they’re comfortable accepting the role.
When and How to Update Your Will
Making a will isn’t a one-time task. It should be reviewed regularly to ensure it still reflects your current situation and intentions.
Times to Review Your Will:
- Marriage or divorce – these events can affect the validity of an existing will
- Birth or adoption of children
- Changes in financial position – such as buying or selling property
- Death of a beneficiary or executor
- Changes in personal relationships
How to Update a Will
Minor changes can sometimes be made through a legal document called a codicil. For more significant updates, it’s usually better to make a new will. In both cases, it’s important that legal requirements are met to ensure your updates are valid and enforceable.
Why Do You Need a Will? Take Control and Plan Ahead
Making a will is one of the most practical and empowering things you can do for yourself and the people you care about. It ensures your voice is heard, your assets are passed on the way you intend, and your loved ones aren’t left with unnecessary confusion or conflict.
Without a will, the law decides who inherits your estate, who cares for your children, and how your affairs are handled. This can cause delays, legal costs, and stress – especially during an already emotional time. A valid will helps prevent that and gives your family clarity and certainty when they need it most.
At Law Tram, we make it easier to access legal advice about wills from licensed Australian will lawyers – with no upfront cost or obligation. Our secure platform helps you explore your options and get the guidance you need, all online and at your own pace. Start your free, confidential consultation today.
Please note that Law Tram does not assist in finding legal aid lawyers. If you are seeking legal aid, visit our dedicated legal aid page for more information.
