A Guide to Wills: Why You Need One and What to Consider

When we think about planning for the future, many people assume they’re either too young, too healthy, or don’t have enough assets to justify making a will. But the reality is that a will is one of the most important documents you’ll ever sign—regardless of your age, health, or wealth.

A will is your voice after you’re gone. It ensures your assets are distributed according to your wishes, reduces stress and confusion for your loved ones, and can help prevent family disputes or legal complications.

Whether you're drafting your first will or reviewing an existing one, here’s a clear guide to help you understand what a will is, why it matters, and how a lawyer can help.

What Is a Will?

A will is a legally binding document that sets out your instructions for what should happen to your property, assets, and personal matters after you pass away. It allows you to:

• Appoint an executor to manage your estate

• Name beneficiaries to receive your property or assets

• Appoint a guardian for your minor children

• Leave gifts to charities or causes that matter to you

• Set out funeral wishes

Without a valid will, your estate is divided according to the Administration Act 1969, which may not reflect your wishes or your family’s needs.

Why You Should Have a Will

There are many reasons to have a will in place, even if your situation seems straightforward:

1. Certainty and control: A will ensures your assets go to the people you choose, rather than being distributed under the default legal rules.

2. Reduces stress for loved ones: Losing a loved one is difficult enough without added uncertainty. A clear will helps reduce emotional strain and avoid disputes.

3. Avoids unnecessary legal costs: When someone dies without a will, applying for administration of their estate is often more expensive and time-consuming than applying for probate with a valid will.

4. Protects children and vulnerable dependants: If you have children or dependants, a will allows you to appoint guardians and make financial provisions for their care.

5. Supports the causes you care about: You can leave a legacy by making specific bequests to charities, religious organisations, or community groups.

Choosing Your Executor

An executor is the person (or people) you name to carry out the terms of your will.

This is an important decision, and your executor will be responsible for:

• Managing your assets

• Paying any debts or taxes

• Distributing your estate in accordance with your will

Your executor can be a family member, friend, professional adviser, or a combination. In more complex estates, people often appoint their lawyer or trustee company to act as executor or co-executor.

What to Include in Your Will

While every will is unique, a legally sound will typically includes:

• A list of your assets and how they should be distributed

• Specific gifts or bequests (for example, money, jewellery, or heirlooms)

• Provisions for children, pets, or dependants

• Directions for handling debts, funeral costs, and taxes

• Your executor’s details and any instructions for them

 A lawyer can help you word your instructions clearly and make sure your will meets all formal requirements.

When to Update Your Will

You should review and update your will when:

• Your relationship status changes (for example, marriage, separation, or divorce)

• You have children or grandchildren

• Your financial situation changes significantly

• A beneficiary or executor dies or becomes unsuitable

• You change your mind about how you want your estate handled

Wills should be reviewed every few years to ensure they still reflect your current wishes and circumstances.

The Role of Legal Experts

While DIY will kits are available, even small drafting errors or missing formalities can result in a will being invalid or challenged. A legal professional can:

• Advise you on how best to structure your will

• Ensure the will meets all legal requirements

• Help with more complex arrangements, such as trusts, blended families, or business assets

• Safely store your will and provide guidance to your executors

 Having a lawyer involved also reduces the risk of later disputes or misunderstandings.

Summary

A well-drafted will gives peace of mind that your wishes will be respected and your loved ones supported. It’s one of the most thoughtful and practical steps you can take for those you care about.

At Macalister Mazengarb, our experienced estate planning team can help you prepare, update, or review your will with clarity and care. Contact our experts Shiree Mackay, Richard Allen, Shannon McEwen and William Swan today to begin the process.