Understanding Wills in Australia: The Basics Explained
You’re never fully dressed without a will
Did you know that over half of Australians do not have a will? Estate planning is often thought to be only for the wealthy or the elderly. But in reality, a will is your only legal voice when you can no longer speak for yourself. While it is a tough topic for most of us, a will can offer your loved ones clarity when they need it the most. It is easy to put off making a will, but without one, the government decides how your assets are distributed, not you or the people you care about the most.
At Law Team, we understand that planning for the future can feel confronting. Our goal is to empower you with clear guidance and trusted support, helping you secure your loved ones’ well-being on your own terms.
Key Takeaways
A will ensures your assets are distributed according to your wishes, not the government’s.
Without a will, your loved ones may face costly delays, confusion, and disputes.
Working with a lawyer creates a legally valid, comprehensive will that secures your family’s future.
What is included in a legally valid will?
A legally valid will in Australia typically includes who receives your assets (beneficiaries), who manages your estate (executor), and guardians for any minor children.
A legally valid will in Australia typically includes:
how your assets are to be distributed and who will inherit them (beneficiaries)
the person appointed to manage your estate and ensure your wishes are carried out (executor)
the person nominated as guardian for any minor children, and if desired, who will hold assets on their behalf in trust
any additional directions, such as funeral preferences, payment of debts and taxes, and instructions for managing specific assets or gifts
For a will to be legally valid, it must be made willingly by someone with the legal capacity to do so, and it must be correctly signed and witnessed under Australian law. A clearly written will helps to avoid confusion, delays, and disputes after death.
What happens if I don’t have a will in Australia?
If you pass away without a will, legally known as dying intestate, the government will decide how your assets are distributed under intestacy laws that apply in your region. This might not reflect your actual wishes and can be an expensive and time-consuming process for your loved ones.
The following table highlights the key differences between having a will in place and dying intestate:
| Feature | With a will | Without a will (Intestate) |
|---|---|---|
| Executor | You choose someone you trust. | The court appoints an administrator, often a next of kin. |
| Beneficiaries | You decide who receives your assets. | State law determines how your assets are distributed. |
| Cost and Speed | More streamlined and less costly. | Can be more expensive and take months or even years to resolve. |
| Conflicts and Disputes | Clear wishes reduce conflict. | High risk of disputes and family provision claims. |
How do I start making a will?
The safest way to create a will is to work with an estate-planning lawyer who understands complex legal requirements and tax implications. While DIY kits exist, they can create dangerous gaps by missing key legal wording that may render the will invalid, failing to address important assets such as superannuation or overseas property, and creating confusion that can lead to costly disputes.
Law Team is dedicated to creating a will tailored to your needs, helping you protect your legacy and secure the financial future of your loved ones. Connect with us to plan your future responsibly. Your loved ones will thank you for the clarity and peace of mind.
About the Author: Erin Vassallo
Erin Vassallo is the Principal Solicitor and founder of Law Team, a values-led law firm with a strong reputation across New South Wales and Queensland. With over two decades of experience in commercial, construction, and property development law, Erin is a trusted advisor to developers, landowners, and business owners navigating complex projects and legal risks.
Her hands-on experience includes joint ventures, structuring development deals, contract negotiation, risk mitigation, and project governance across residential, commercial, and mixed-use developments. Erin holds qualifications in law, political science, mediation, and disruptive strategy (Harvard Business School) and is the founder of Certified BCorp Law Team, committed to ethical business practices and social impact.
Frequently Asked Questions
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Generally, no. Superannuation and life insurance are not automatically part of your estate. You must complete a Binding Death Benefit Nomination with your fund to ensure these assets are distributed according to your wishes.
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DIY kits can be risky. They may miss key legal wording, leaving your will invalid or incomplete. If your will is declared entirely invalid, you could end up dying intestate, meaning the government decides how your assets are distributed.
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Yes. You should review your will every 3-5 years, or after significant life events such as marriage, divorce, or childbirth.