Why you should have a Will
A Will is one of the most important legal documents you can have — without one, the law decides who receives your assets and in what proportions.
A Will is one of the most important legal documents you can have. It allows you to make clear decisions about what should happen to your assets and who should manage your estate after your death.
What a Will lets you do
A properly prepared Will allows you to:
- decide who will inherit your assets;
- appoint a trusted person to administer your estate;
- make specific gifts to family members or other people;
- establish testamentary trusts where appropriate;
- make arrangements for the benefit of your children; and
- provide greater certainty for your family at what can already be a difficult time.
What happens if you don't have a Will?
Without a Will, your estate will be distributed according to the intestacy rules under the Succession Act 2006 (NSW). Those laws determine who receives your assets and in what proportions. This may not reflect your wishes or the needs of your family.
Your circumstances matter
There is no "one size fits all" Will. Your estate planning should reflect your particular circumstances, including your family relationships, assets and future plans.
This is particularly important if you have children, a blended family, a previous marriage or relationship, a family business, substantial assets or particular wishes about how your estate should be distributed.
A recent decision of the Supreme Court of NSW, Re Estate Mitchell; Gould v Bachell [2026] NSWSC 516, highlights the importance of obtaining appropriate estate planning advice. The case involved an estate where the deceased had been estranged from three adult children for more than 20 years. The Court ultimately made provision for the children from the estate. The circumstances demonstrate why estate planning should be carefully considered in the context of your family circumstances and not simply treated as a standard document.
When should you review your Will?
Your Will should be reviewed whenever there is a significant change in your circumstances, including marriage, separation, divorce, the birth of a child or grandchild, the acquisition or sale of significant assets, or a change in your family relationships.
Key takeaway
A Will gives you control over who inherits your estate and who manages it, rather than leaving those decisions to the intestacy rules. It should be reviewed whenever your circumstances change materially.
This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our lawyers about your specific circumstances.
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