More Than Half of Australians Are Taking a Huge Risk
More than half of Australian adults do not have a valid Will. According to research from organisations such as the NSW Trustee & Guardian and various legal aid bodies, roughly 55% of Australians have never made a Will or have one that is badly out of date. That is millions of people leaving one of life’s most important decisions entirely to chance.
If you are among them, you are not alone — but that does not make it safe. Dying without a valid Will, known legally as dying intestate, means the government decides who receives your assets, who looks after your children, and how your estate is administered. The results can be devastating for the people you love most.
This guide explains why every Australian adult — regardless of age, wealth, or family situation — should have a current, legally valid Will.
The Sobering Reality
Did you know? Fewer than half of Australian adults have an up-to-date Will. Among those aged 18 to 34, the figure drops to less than 20%.
The consequences of this gap are real and measurable. Australian courts handle thousands of contested estates every year. Legal disputes over intestate estates can drag on for months or even years, draining assets in legal fees and tearing families apart in the process.
Yet the most common reason people give for not having a Will is deceptively simple: “I just haven’t got around to it.” Not opposition, not cost, not complexity — just procrastination.
The truth is that creating a Will has never been easier or more affordable. With modern online platforms, you can have a legally valid Will drafted, reviewed, and ready to sign in under an hour.
What Happens Without a Will?
When someone dies without a valid Will in Australia, their estate is distributed according to the intestacy laws of their state or territory. These laws follow a rigid formula that takes no account of your personal relationships, your wishes, or the promises you may have made during your lifetime.
In general terms, intestacy rules prioritise:
- Your spouse or de facto partner — who may receive a statutory legacy plus a share of the remainder
- Your children — who share whatever is left, sometimes at the expense of a surviving partner
- Your parents, siblings, and extended family — in a strict order of priority
- The Crown — if no eligible relatives can be found, your entire estate goes to the state government
The specifics vary between states. For example, the rules in New South Wales differ from those in Victoria, Queensland, or Western Australia. You can review the requirements for your state on our state requirements guide.
The key point is this: intestacy laws are a one-size-fits-all fallback. They cannot account for blended families, estranged relatives, close friends, charitable causes, or any of the nuanced relationships that make up a real life. For a deeper look at how intestacy works in practice, read our guide to understanding intestacy laws in Australia.
Common Myths About Wills — Debunked
Many Australians avoid making a Will because of persistent myths. Let us set the record straight.
Myth 1: “I’m too young to need a Will”
If you are over 18, you are old enough to need a Will. Accidents and unexpected illnesses do not discriminate by age. If you have any assets at all — a car, a bank account, superannuation, even a social media presence — a Will ensures they go where you want them to go. If you have children, a Will is the only reliable way to nominate a guardian.
Myth 2: “I don’t have enough assets to bother”
You do not need to be wealthy for a Will to matter. Your estate includes everything you own: savings, personal belongings, vehicles, digital accounts, superannuation death benefits (where nominated via Will), and any property — even if it is mortgaged. Without a Will, even modest estates can end up in costly legal proceedings.
Myth 3: “My de facto partner will automatically get everything”
This is one of the most dangerous assumptions in Australian estate law. While de facto partners are recognised in most state and territory intestacy legislation, proving de facto status can require court proceedings, statutory declarations, and significant legal expense. A valid Will removes all doubt and ensures your partner is protected without having to prove anything.
Myth 4: “I’ve told my family what I want — that’s enough”
Verbal wishes carry no legal weight in Australia. No matter how clearly or how often you have expressed your intentions, without a valid written Will those wishes are unenforceable. Courts must follow the intestacy legislation, not family conversations.
Myth 5: “Wills are expensive and complicated”
Decades ago, creating a Will meant booking an appointment with a solicitor, attending multiple meetings, and paying hundreds of dollars. Today, online Will platforms like ezyWill allow you to create a comprehensive, state-specific Will that is guided by legal templates and reviewed for completeness — all for a fraction of the traditional cost.
Key Reasons Every Australian Adult Needs a Will
1. Control How Your Assets Are Distributed
A Will is the only legal document that lets you decide exactly who gets what. You can leave specific gifts to individuals, allocate percentages of your estate, include charitable bequests, and set conditions on inheritances. Without a Will, you have zero control.
2. Protect Your Children by Appointing Guardians
If you have children under 18, your Will is where you nominate their guardian — the person who will raise them if you and your partner both pass away. Without this nomination, the court decides. The court’s choice may not be yours.
For parents: Appointing a guardian in your Will is the single most important thing you can do to protect your children’s future.
3. Minimise Family Disputes
Contested estates are emotionally and financially destructive. A clear, professionally structured Will dramatically reduces the likelihood of disputes. It sets out your intentions in black and white, leaving far less room for disagreement among beneficiaries.
4. Address Digital Assets
Modern life means modern assets. Your email accounts, social media profiles, cryptocurrency holdings, online subscriptions, photo libraries, and cloud storage all form part of your digital estate. A Will can include directions for how these assets should be handled, who should have access, and what should be deleted or preserved.
5. Reduce Costs and Delays
Administering an intestate estate is slower and more expensive than administering one with a valid Will. Courts must appoint an administrator (since there is no named executor), which can involve bonds, legal applications, and significant delays. A well-drafted Will names an executor, streamlines the probate process, and keeps costs down for your beneficiaries.
6. Support Causes You Care About
Want to leave a gift to a charity, community organisation, or research institution? Only a Will makes that possible. Intestacy laws distribute assets exclusively to family members (or the Crown). If giving back matters to you, a Will is the way to make it happen.
For a step-by-step guide to creating your own Will, visit our guide to writing your Will.
Life Events That Should Trigger a Will
Even if you already have a Will, certain life events should prompt you to review and update it. Outdated Wills can be just as problematic as having no Will at all.
Marriage or Entering a De Facto Relationship
In most Australian states, marriage automatically revokes a previous Will. If you have recently married — or entered a committed de facto relationship — you need a new Will that reflects your current partnership.
Having or Adopting Children
The arrival of children is the most common trigger for creating a first Will. You will want to appoint a guardian, set up any trusts or conditions for inheritance, and ensure your children are financially provided for.
Purchasing Property
Buying a home or investment property significantly changes the value and complexity of your estate. Your Will should reflect how property is to be dealt with, particularly if it is jointly owned.
Divorce or Separation
Separation and divorce can affect the validity of certain provisions in your Will, depending on your state. In some jurisdictions, divorce automatically revokes gifts to a former spouse, but this is not universal. Review your Will immediately after any relationship breakdown.
Retirement or Significant Financial Changes
As your financial situation changes — through retirement, inheritance, business sales, or major investments — your Will should be updated to reflect your current asset position and your current wishes.
Loss of a Named Beneficiary or Executor
If someone named in your Will passes away or becomes unable to fulfil their role, your Will needs to be updated to name a replacement.
Taking the Next Step
Creating a Will does not have to be difficult, expensive, or time-consuming. With ezyWill, you can build a comprehensive, legally structured Will online in under an hour — tailored to your state, your family, and your wishes.
The best time to make a Will was years ago. The second best time is today.
Do not leave your family’s future to intestacy laws that were never designed with your specific circumstances in mind. Take control now.
Create your Will with ezyWill today — it is faster, simpler, and more affordable than you think.
This article is for general informational purposes only and does not constitute legal advice. For complex estates or specific legal questions, we recommend consulting a qualified solicitor. ezyWill provides legally structured Will templates tailored to Australian state and territory requirements.
