It’s not something we like to think about. But one of the most responsible things we can do for the people we love is plan for the day we’re no longer here. That planning starts with a simple but powerful document: a will.
Yet, many people—young, old, and in between—put it off. Some assume it’s only necessary if you’re wealthy. Others believe it’s too complicated. The truth is, writing a will is one of the most important steps you can take to protect your legacy and your family.
But what actually happens if you die without a will? In this article, we’ll explore the real consequences, the benefits of having a legal will, and why now is always the right time to create one.
What Is a Will?
A will is a legally binding document that outlines your wishes for what should happen to your property, money, possessions, and even your children when you pass away. It allows you to:
- Decide who will inherit your estate
- Appoint someone you trust (an executor) to handle your affairs
- Name a guardian for your minor children
- Leave special gifts to people or causes you care about
- Avoid legal and emotional chaos for your loved ones
In short, it’s your final voice—a way to guide what happens when you’re no longer around to speak for yourself.
Why a Will Is Important—Even for Younger Adults
It’s easy to assume that wills are for older adults, retirees, or people with complex estates. But this is one of the biggest myths around estate planning.
If you’re over 18 and have any assets, debts, or dependents, you need a will.
Think about it this way:
- Do you have a bank account or savings?
- Own a car, house, or business?
- Have children, a partner, or even a pet you care about?
- Want certain items to go to specific people or causes?
If you answered yes to any of those, a will gives you control.
Let’s take an example. Sarah was a 29-year-old freelance designer. She didn’t have children, but she owned a car, had a decent savings account, and wanted her sister to take care of her rescue dog if anything happened. She passed away unexpectedly—and without a will, none of her wishes were followed. Her dog ended up in a shelter, and her finances were tied up in court for over a year.
Writing a will may feel like something to worry about later—but as Sarah’s story shows, later isn’t always guaranteed.
See more: Empathy and Expertise: Navigating Complex Family Matters with Family Lawyers
So What Happens If You Die Without a Will?
When someone dies without a will, they’re said to have died intestate. This means the law—not you—decides how your estate is handled.
Each state and territory in Australia has its own intestacy rules. Generally, your estate will be distributed to your closest relatives, such as your spouse or de facto partner, then children, then parents, siblings, and so on. But it doesn’t always play out so smoothly.
Possible outcomes include:
- Unmarried partners may get nothing if not legally recognised
- Children from previous relationships may be left out
- Estranged family members could inherit your estate
- Your minor children may be placed with someone you wouldn’t have chosen
- Assets can get locked in lengthy court battles
- Taxes and legal fees could eat into your estate
Imagine leaving behind a grieving family—and then forcing them to deal with red tape, legal uncertainty, and painful disputes. That’s what a will helps prevent.
Benefits of Having a Will
Writing a will isn’t just about money. It’s about peace, clarity, and care. Here are the key benefits of having one:
🛡️ 1. Asset Protection
A will lets you decide exactly how your property and finances are divided. You can make sure sentimental or valuable items go to the right people.
👨👩👧 2. Family Harmony
When your wishes are clear, there’s far less chance of arguments, confusion, or legal battles among loved ones.
👶 3. Children’s Guardianship
If you have kids under 18, a will lets you name a trusted guardian. Without one, the courts will decide—and it might not align with your wishes.
❤️ 4. Care for Pets
Yes, you can include your pets in your will. You can name who will care for them and even leave funds for their support.
🎁 5. Support for Charities or Special Causes
You can leave gifts or donations to organisations close to your heart, allowing your legacy to live on through good.
🧑⚖️ 6. Executor of Your Choice
A will lets you appoint someone reliable to carry out your instructions, rather than leaving it up to the courts.
How Often Should a Will Be Updated?
Life changes—and so should your will.
You should review your will every 3–5 years or after major life events, such as:
- Marriage or divorce
- The birth or adoption of a child
- A significant change in finances or assets
- Moving to a new state or country
- Death of a beneficiary, executor, or guardian named in your will
A quick review doesn’t take long, and it ensures that your document still reflects your current situation and wishes.
Real-Life Example: Two Different Paths
Let’s look at two scenarios:
Case 1: No Will – Chaos Ensues
Mark, 42, died suddenly of a heart attack. He was divorced with two teenage children. He had no will. His ex-wife and family spent over a year in court sorting out who would manage the kids’ inheritance, leading to bitter arguments and legal fees that drained the estate.
Case 2: A Simple Will – Smooth Transition
Anna, 36, was a single mum. She had a will naming her sister as the guardian of her 5-year-old son and clearly outlined how her modest assets should be divided. When she passed due to illness, everything was carried out just as she wished—giving her family space to grieve and heal.
The difference between these two outcomes? One had a plan. One didn’t.
Writing a Will Isn’t Hard—Here’s How to Start
Creating a legal will doesn’t have to be expensive or overwhelming. There are several ways to get it done:
✅ Use a Solicitor
This is the best option for complex family or financial situations. A solicitor ensures your will is valid and covers all legal angles.
✅ Online Will Kits
For straightforward needs, online platforms offer affordable, step-by-step guidance. Make sure the service is Australian-based and legally compliant.
✅ DIY Templates
Available in bookstores or online, but proceed with caution—errors can lead to an invalid will.
No matter which method you choose, remember:
- Your will must be in writing
- Signed by you in front of two adult witnesses
- Witnesses must not be beneficiaries
- Store the original copy in a safe place (and let someone know where it is)
Don’t Leave Your Future to Chance
The truth is, death is certain, but timing is not. Having a will doesn’t make anything more likely to happen. It just ensures that when it does, the people you love are cared for the way you intended.
The importance of a will isn’t about how much you own—it’s about how much you care. It’s about avoiding unnecessary stress, confusion, and heartache during one of the most difficult times your family might face.
You don’t need to wait until you have “more” or “later.” You have enough now—enough to matter, and enough to protect.
Final Thoughts: Protect Your Legacy Today
You might not be able to control when or how life ends—but with a will, you can control what happens after.
Take the time to write or update your will. It’s an act of love. It’s a gift of clarity. And it’s one of the most powerful ways to protect your legacy.
✍️ Your Next Step Starts Now
Whether you’re 25, 45, or 75, writing a will is something you can do today that your future self—and your family—will deeply thank you for.
✅ Talk to a solicitor
✅ Explore online will services
✅ Review your current will if you already have one
Start simple. Just start.
Because no one should leave this world without having their final wishes known.