Making a will is one of the most important things you can do for your family. Yet many people put it off, unsure what's involved or uncomfortable thinking about it.
What happens without a will
When someone dies without a valid will, the law decides who inherits their estate. This is called dying "intestate." The Administration Act sets out a strict formula that may not reflect your actual wishes or your family's circumstances.
For example, if you have a partner and children from a previous relationship, intestacy rules may distribute your estate in ways you never intended. Your long-term partner might receive less than you'd want, while other relatives you are not close to could inherit.
"We often see families who are dealing with the complications of intestacy. The legal costs and emotional stress of sorting it out almost always exceed what the will would have cost."
More than just money
Your will does far more than distribute your assets. It can:
- Name guardians for your children if something happens to both parents
- Protect children's inheritance until they're old enough to manage it
- Appoint trustees for your family trust
- Provide for pets by naming someone to care for them and funds for their upkeep
- Support causes you care about through charitable bequests
- Express your wishes for funeral arrangements and personal items
A gift to your family
Perhaps the most important reason to make a will is the simplest: it's an act of love. When you are gone, your family will be grieving. A clear, professionally prepared will removes uncertainty and prevents disputes during an already difficult time.
Without it, your loved ones may face months of legal complexity, court applications, and difficult decisions about what you "would have wanted." With a will, your wishes are clear, and your executor has the authority to act on them promptly.
Common misconception:
"Everything will just go to my spouse anyway." This isn't always true, especially if you have children from a previous relationship, or if you are not legally married. Even when it is true, the process without a will is slower and more expensive.
When should you make a will?
The best time is now. Many people think wills are only for the elderly or wealthy, but life is unpredictable. You should particularly consider a will when:
- 1 You buy property or accumulate savings
- 2 You get married or enter a de facto relationship
- 3 You have children
- 4 Your relationship ends (separation, death)
- 5 You start a business
Ready to start? Call us on 06 835 7394 or email 06 835 7394 .
What we do at this stage
At this stage, we explain what a will does and help you understand why now is a good time to put one in place.