The Importance of a Will: Insights from a Wills & Estates Lawyer

When life is busy with work, family, and personal goals, it’s easy to push estate planning to the bottom of the list. But failing to have a valid Will in place can create significant and unnecessary, legal and financial problems for the loved ones you leave behind.

As an experienced Will & Estates Lawyer in Melbourne, we’ve seen first-hand how important a properly drafted Will can be. It provides clarity, protects your family, and ensures that your wishes are honoured after your death.

In this article, we’ll explore the importance of having a Will, what happens if you die without one, how a Wills & Estates Lawyer, such as those at Allen Law can help, and why the present is always the best time to get your wishes down on paper.

What Is a Will?

A Will is a legally binding document that outlines how your estate is to be managed and distributed after you pass. Your estate includes everything you own—property, bank accounts, investments, vehicles, personal items, and even digital assets.

A properly prepared Will also allows you to:

• Appoint an executor to carry out your wishes
• Nominate guardians for your children
• Make special gifts or charitable donations
• Create testamentary trusts for vulnerable beneficiaries

Additionally, a Will can provide instructions as to what you would like to be done after your death, for example, if you wish to be buried, and where, or cremated and your ashes stored or scattered, along with any religious rites you may want to be performed.

It’s a foundational document in any comprehensive estate plan, and working with a Wills & Estates Lawyer ensures it’s properly and correctly prepared in accordance with the law.  

Why a Will is important

1.     You Stay in Control of Your Estate

One of the greatest benefits of having a Will is that you, not the law, decide how your assets are distributed. If you die intestate (without a valid Will), your estate will be divided according to a strict legal formula under the laws of intestacy. That formula may not reflect your personal wishes or family dynamics.

A well-crafted Will puts you in control. You can leave specific assets to specific people, divide your estate how you see fit, and even exclude certain individuals if appropriate.

At Allen Law, we regularly help clients structure their Wills to reflect their unique relationships and values and wishes.

2.     You Can Appoint a Trusted Executor

An executor is the person responsible for administering your estate after your passing. The executor is responsible for collecting your assets, paying any debts or taxes, and distributing what’s left in accordance with your Will.

If you die without a Will, the law determines who can be appointed the executor of your estate. This may ultimately be someone you would not have chosen to be the executor and administrator of your estate.  

A Wills & Estates lawyer can help you select an appropriate executor and explain the legal duties involved. You may also want to appoint a secondary, supplementary executor in case your first choice is unwilling or unable to act, such as when the executor passes before you.

3.     Protecting Children and Dependants

If you have children under the age of 18, a Will is essential. It allows you to appoint guardians who will care for your children if you and your partner both pass away.

Without a Will, a court will usually decide who takes on this role, and may result in a guardian being appointed that you would not agree with.

In addition to guardianship, a Wills & estates lawyer can help you set up testamentary trusts; this is a legal structure that protects inheritances for minors or vulnerable beneficiaries (e.g., those with disabilities or addiction issues).

This ensures your estate is used wisely and for the right purposes, until the beneficiary (for example, in the case of children), ascertain a certain age.

4.     Avoiding Family Disputes

Sadly, when someone dies without a clear Will, it often leads to family conflict. Disagreements over property, finances, or funeral wishes can spiral into full-blown legal disputes.

A properly drafted Will, prepared by a qualified lawyer with experience in Wills and estates, significantly reduces the chance of a dispute. Your intentions are clearly stated, legally enforceable, and hard to contest when done correctly.

5.     It Speeds Up the Probate Process

Probate is the legal process of validating a will and administering the estate. When a will is properly drafted and executed, this process is usually straightforward.

Without a valid Will, the process becomes longer, more expensive, and more emotionally taxing for your loved ones.

Working with a Wills & Estates Lawyer ensures the document meets all legal requirements, helping your family avoid unnecessary court delays.

6.     You Can Leave a Legacy

Many people want to leave something behind for causes they care about, whether it’s a charity, a community organisation, or a religious institution.

A Will allows you to leave bequests to charities or causes that matter to you. You can also leave personal gifts, such as family heirlooms or sentimental items, to specific people.

What happens if you die without a Will, or a valid Will?

When a person dies without a Will in Victoria, they are said to have died intestate. In such situations, the Administration and Probate Act 1958 (Vic) determines how your estate will be divided, and who can administer it.

Here’s what could happen if you die intestate:

• Your spouse may receive everything, even if you have children from a previous relationship.
• Your children may receive equal shares, regardless of need or your wishes.
• Stepchildren, close friends, or unmarried partners may receive nothing.
• The court appoints an administrator (not necessarily someone you trust).
• The process can be slow, stressful, and expensive for your family.

These problems can be avoided almost entirely be having an appropriate and legally valid Will in place before your passing.  

Common myths about Wills

“I don’t need a Will because I’m young”

Tragedy can strike at any age. If you have assets, a partner, or dependants, you should have a Will, regardless of your age – however, you must ordinarily be 18 execute a Will, subject to exceptions provided under law, or the courts leave (permission).

“I don’t have much to leave”

Even if your estate is modest, a Will ensures it goes to the right people with minimal delay and cost. It is especially important in these circumstances, as it reduces the likelihood of disputes, and therefore, the likelihood that the estate will suffer financially as a consequence of any dispute.

“My family knows what I want”

Without a legally valid Will, your wishes may not be followed, even if you are certain that your family knows what your wishes are. Additionally, the person who is appointed executor of your estate (if you die intestate), may not necessarily know those wishes, or follow those wishes, even if they are informed by someone who knows what they are.

How a Wills & Estates Lawyer can help you.

A wills & estates lawyer is more than just someone who ensures your Will is valid and enforceable. They are legal professionals who provide tailored advice and ensure your Will is enforceable if a dispute happens to arise after your passing.

Here’s what a Wills & Estates Lawyer can do for you:

• Draft a legally valid Will that reflects your wishes and complies with the law.
• Explain your options for estate planning, including trusts, superannuation death benefit nominations, and powers of attorney, powers of guardianship and other legal instruments, such as advance healthcare directives.
• Identify potential risks or disputes and help structure your Will to reduce them.
• Ensure complex family arrangements (e.g., blended families, estranged children, business assets) are appropriately addressed, minimising risk of disputes.
• Safely store your Will and ensure your executor has access when the time comes.

Trying to prepare a Will yourself or using a generic online template often leads to mistakes that invalidate the document or open it up to legal challenges. A Wills & Estates Lawyer ensures the job is done properly and that you are fully informed about the process and your rights.

When should you make or update your Will?

You should consider making or updating your Will in the following situations:

• Marriage or divorce
• Birth of a child or grandchild
• Buying or selling property
• Starting or selling a business
• Receiving an inheritance
• Moving to Australia or acquiring new citizenship
• A change in financial position
• Death of a beneficiary or executor
• Any other major change in circumstances, either familial, spiritual or financial

As a general rule, you should review your Will every 3 to 5 years to ensure that it continues to reflect your wishes.

The cost of a Will vs the cost of passing intestate

Some people put off preparing a Will because they fear the cost. But the truth is, a Will is a small investment compared to the financial and emotional costs of dying intestate.

Court fees, legal disputes, and delayed access to assets can cost your family thousands of dollars in legal fees, amongst other taxes and fees that government will continue to charge and collect. This has the effect of reducing the amount of the estate which can be distributed. A Will provides certainty, efficiency, and peace of mind for a fraction of that price.

At Allen Law, we offer transparent, fixed-fee packages for Wills and estate planning. We’ll guide you through the process in a way that’s clear, respectful, and thorough.

Choose the right Wills & Estates Lawyer in Melbourne

When it comes to your estate, don’t take risks with DIY kits or vague instructions. Choose an experienced Wills & Estates Lawyer who understands the law, the paperwork, and the importance of getting it right.

At Allen Law, we offer:

• Personalised advice
• Legally sound documentation
• Empathy and discretion
• Fast turnaround times
• Fixed-fee options

Whether you’re preparing your first will or updating an existing one, we’ll help you protect your legacy and provide for your loved ones with confidence.

Get in Touch

Phone:                (03) 7020 6563
Email:                 enquiries@allenlawyers.com.au
Website:            www.allenlawyers.com.au

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified legal practitioner for advice tailored to your situation, as laws may change.