Estate Planning.

FAQ.

• What is a Will?

  A Will is a legal document that says what happens to everything you own after you pass away. Your home, savings, personal belongings, even sentimental items all get distributed according to your instructions.

  You’ll name the people who inherit from you and appoint an executor, someone you trust to handle the paperwork and make sure your wishes are carried out. Without a Will, the law makes those decisions for you, which can lead to outcomes you never intended.

  Creating a Will means your family knows exactly what you wanted, which prevents confusion and conflict during an already difficult time.

• What is better, a Will or a family trust?

  A Will and family trust aren’t the same thing. Both serve different purposes:

  A Will sets out how your assets are distributed after you pass away, and every person needs one.

  A Family Trust can help manage and protect assets during your lifetime, avoid probate, support complex family arrangements or provide for someone with ongoing needs.

  Many people use both. The right approach depends on your goals, finances and family situation, something an estate planning lawyer can help you work through.

• What happens if you die without a Will?

  Dying without a Will (known as intestacy) means the law decides who inherits your assets. The government has rules around this, starting with your spouse or partner, then parents and siblings. If no relatives exist, everything goes to the government. So, an unmarried partner of 20 years might get nothing.

  Without a Will, assets get tied up longer, legal costs increase and the distribution rarely matches what you would have wanted. The rules exist as a backup plan, not a good plan. A Will gives you control, ensures your estate isn’t left in limbo and makes everything easier for the people you leave behind.

• Do I need a lawyer if I can buy a Will kit?

  You can write your own Will, but DIY kits often miss important legal details. A small error can mean the Will is invalid, unintentionally revoked, or open to challenge by family members.

  Some assets like jointly owned property or superannuation might not pass through your Will at all, and you’d never know until it’s too late. A Wills lawyer spots these issues before they become problems and ensures your Will is legally sound and achieves what you intend.

• What are the risks of drafting a Will without legal advice?

  DIY Will kits often look simple but small mistakes can have big consequences.

  Risks include:

  The Will being invalid or rejected by the court;

  Accidentally revoking a previous Will;

  Leaving gaps that make disputes more likely;

  Overlooking assets that don’t automatically form part of your estate.

  Wills lawyers exist to provide professional advice and ensure your Will is clear, properly signed and legally protected.