It’s a fair question, and one I’m asked often as an estate-planning solicitor:
“My wishes are simple — why do I even need a Will?”
My answer is just as simple: your wishes may not be followed if your estate is distributed according to intestacy laws.
When someone passes away without a valid Will, their estate is not distributed according to what they would have wanted — it is distributed according to strict legal rules set out in legislation.
In practice, this can look very different to what most people expect.
Below are the key reasons why every adult should have a valid Will:
- Intestacy Laws May Not Do What You Expect
In Victoria, if you die without a Will, your estate is distributed according to the rules of intestacy. These rules apply regardless of your personal relationships, family dynamics or intentions — and they can lead to outcomes many clients find surprising:
- If you leave a spouse and children of that relationship, your spouse receives the entire estate.
- But if you have children from a previous relationship, the estate is split between your spouse and your children — often in proportions that people never intended.
- If you are separated but not divorced, your former partner may still have a legal entitlement.
- If you die without a spouse or children, your estate is distributed between your parents — even where a strained relationship exists or you would have preferred one parent to receive more than the other.
A Will allows you — not legislation — to decide what happens to what you’ve worked hard to build.
- A Will Provides Clear Authority
When you have a valid Will, it is immediately clear who has authority to deal with your estate. Your chosen executor can usually take steps right away to manage assets, pay expenses, and move the administration forward.
Without a Will:
- No one automatically has legal authority.
- Family members may dispute who should apply to administer the estate.
- An application for Letters of Administration must be made to the Court.
This process often causes unnecessary cost, delay, and emotional strain during an already very difficult time for loved ones.
- You Choose Your Executor and Guardians — The Law Doesn’t
One of the most important decisions in estate planning is choosing the person who will manage your affairs after your death.
- If you die without a Will, the law decides who becomes your administrator — and it may not be:
- the person you trust most,
- the person best suited to handle finances or property matters, or
- someone capable of preserving peace within the family.
A properly drafted Will lets you appoint the right person from the outset.
For parents of young children — this is particularly vital. There is no automatic guardian appointment without a Will. Your Will is the document that allows you to express who should care for your children if the unthinkable occurs.
- A Will Allows You to Personalise Your Wishes
Intestacy laws are rigid and very limited. They do not make room for personal wishes or careful planning, including:
- distributing sentimental or family heirloom items,
- providing additional support for vulnerable or dependent beneficiaries,
- leaving gifts to charities,
- dealing with business interests, investment properties or overseas assets, or
- implementing tax-effective strategies for your beneficiaries.
A Will offers flexibility, clarity, and peace of mind — and ensures your estate plan reflects your life, not a one-size-fits-all statutory formula.
- Superannuation Is Not Covered by Intestacy Laws
In many cases, people underestimate their estate — particularly when they forget about life insurance held inside superannuation.
Superannuation does not automatically form part of your estate and is not distributed under intestacy rules unless specifically directed.
Without a valid Binding Death Benefit Nomination:
- your super fund decides who receives your super,
- the outcome may not match your wishes or expectations, and
- distribution between dependants can vary.
An effective Will forms part of a complete estate-planning strategy, ensuring all assets — including super — are properly considered and coordinated.
Ready to Make Your Will?
A Will provides certainty.
It is one of the simplest — yet most important — steps you can take to protect the people you love.
And yes, while I’m confident… I cannot guarantee that you won’t be hit by a bus immediately after signing your Will — despite the common joke and superstition.
If you would like to discuss your Will or broader estate-planning options, we invite you to contact our office today.
