Wills & Estates
Why every Australian needs a Will — and what happens if you don't have one
It's one of those things most of us know we should do but keep putting off. A Will sets out what happens to your assets when you die — and without one, the law decides for you.
It's one of those things most of us know we should do but keep putting off. According to recent research, more than half of Australian adults don't have a current Will. If that includes you, here's what you need to know.
What is a Will, exactly?
A Will is a legal document that sets out what happens to your assets — your home, savings, superannuation, personal belongings — when you die. It also lets you nominate who you want to care for your children if they're under 18, and who you trust to carry out your wishes (your executor).
What happens if you die without one?
If you die without a Will, you die "intestate." This means the law decides who gets what — not you. In Queensland, intestacy rules follow a strict formula based on family relationships. Your assets may not end up where you intended, and people you care about may receive nothing at all.
It also means your family faces a longer, more expensive, and more stressful process to settle your estate — often at a time when they're already grieving.
Common myths about Wills
"I don't have enough assets to need one." A Will isn't just about money. It covers who makes decisions about your children, your sentimental possessions, and your digital assets.
"My spouse will get everything anyway." Not necessarily — especially if you have children from a previous relationship, or significant debts.
"I'm too young to need one." Age has nothing to do with it. If you own anything, have children, or care about what happens after you're gone, you need a Will.
When should you update your Will?
Major life events — getting married, separating, having children, buying property, or losing a beneficiary — are all triggers to review your Will. In Queensland, marriage automatically revokes a previous Will unless it was made in contemplation of that marriage.
Where do I start?
A Will doesn't need to be complicated. At Beckett Lawyers, we make the process straightforward — one conversation is usually enough to understand your situation and put the right documents in place.
Contact us at mike@beckettlawyers.au or book a consultation at beckettlawyers.au.