Disclaimer:

The information provided in this blog is general in nature and is not intended as legal advice. Every individual’s circumstances are unique, and legal decisions should be made with the guidance of a qualified professional. For personalised advice, please consult a legal expert or contact Janson Lawyers directly.

Creating a will might not be the first thing on your to-do list, but it’s one of the most important steps you can take to protect your family’s future. A well-drafted will ensures your wishes are respected, your assets are distributed as intended, and your loved ones are spared unnecessary stress during difficult times.

What Is a Will and Why Is It Important?

A will is a legal document that outlines how you want your assets distributed after your passing. Without a valid will, the distribution of your estate will be governed by the laws of intestacy, which might not align with your wishes. This could lead to disputes, delays, and added costs for your family.

Key benefits of having a will include:

• Ensuring your assets are distributed according to your preferences.
• Appointing a trusted executor to manage your estate.
• Protecting minor children by naming guardians.
• Reducing the risk of family disputes.

Who Should Have a Will?

Contrary to popular belief, wills aren’t just for the wealthy. If you own property, have savings, or want to provide for your family, a will is essential. Life events such as marriage, having children, or acquiring significant assets are prime reasons to create or update your will.

Even young adults should consider a will, especially if they have specific wishes about their estate or guardianship for dependents.

What Happens Without a Will?

If you pass away without a will, your estate will be distributed according to a predefined legal formula. This often means your assets may not go to the people you intended. For example:

• Long-term partners may not automatically inherit unless they are legally married.
• Blended families may face complex disputes.
• Estranged relatives could claim portions of your estate.

To learn more about intestacy laws in Australia, visit Legal Services Commission of SA – Wills Brochure.

Beyond the Will: The Role of Estate Planning

A comprehensive estate plan goes beyond just drafting a will. It can include:

• Power of Attorney: Appointing someone to manage your financial and legal matters if you become incapacitated.
• Advance Care Directive: Appointing someone to manage your future health care, end of life, preferred living arrangements and other personal matters.

These additional measures ensure your wishes are respected and your family is protected, even if you’re unable to make decisions for yourself.

Updating Your Will: When and Why?

Your will should be reviewed and updated whenever significant life events occur. This includes:

• Marriage or divorce.
• The birth of children or grandchildren.
• Acquiring or selling major assets.
• Changes in relationships or circumstances of your beneficiaries.

Keeping your will up-to-date ensures it reflects your current wishes and prevents complications for your loved ones.

Seeking Professional Help

While it’s possible to write your own will, engaging a legal professional ensures it’s valid and comprehensive. A lawyer can help:

• Clarify complex family situations, such as blended families or international assets.
• Minimise potential disputes.
• Ensure compliance with Australian laws.

Take control of your legacy and protect your loved ones with a professionally drafted will. Janson Lawyers specialises in wills and estate planning, offering tailored advice to suit your unique circumstances. Contact us today to get started.