Drafting a will: it’s up there with tax returns and assembling IKEA furniture – tasks we know we should do, but somehow, socks just seem more urgent. Yet, putting pen to paper on your will is one of those grown-up moves that’s genuinely worth it. Done right, you’ll have the last word on your estate, with your legacy and loved ones neatly sorted (not left untangling your “creative” filing system).
Opting out of a will? That’s an open invitation for state intestacy laws to play a game of “Who Gets What?” Spoiler alert: the rules may have little in common with your own master plan. By knowing where most people trip up, you can sidestep unnecessary drama, and hefty bills, to keep your posthumous affairs delightfully dull (just the way estate matters should be).
Not Having a Will at All
Amazingly, almost half of Australians haven’t ticked “write will” off their to-do list. The result? Dying intestate, where a government-decreed family tree determines who gets your hard-earned stuff. The process is slow, legal fees high, and long-lost Uncle Barry might end up with your vinyl collection. Another common mistake is not seeking professional legal advice when drafting a will. While it might seem cost-effective to handle it yourself, the complexities of estate laws can lead to unintended consequences. Consulting with a knowledgeable attorney ensures that your will is legally sound and reflects your true intentions. If you’re unsure where to start, you can find probate attorneys in your area who specialize in estate planning and probate law. They can guide you through the process, helping to avoid pitfalls such as unclear language or overlooked assets, ultimately providing peace of mind that your wishes will be honored.
Being will-free also means you don’t get to name your own executor or pick who’ll look after the kids and pets. That choice is punted to the court, which takes time (and tears), leaving your estate in limbo longer than is strictly necessary.
Using Generic Templates
Online will templates: quick, cheap, and tempting – like drive-through sushi. But beware! A cookie-cutter will rarely captures the glorious quirks of real life, unique assets, or your slightly complex family tree.
Templates might skip the fine print of your state’s laws, too. A will that slides through in Sydney might get tossed in Brisbane. Result? Your “ultimate plan” is left up to chance, or worse, bureaucracy.
Not Updating Your Will Regularly
Your life evolves, so should your will. Got married? Divorced? Babies, stepfamilies, or a windfall at the races? All reasons to dust off your will and update the fine print.
The problem: many write a will once and then forget it, like an out-of-date passport. Fast-forward ten years and your “current” will reads like ancient history, sowing confusion that only lawyers (and maybe reality TV producers) will enjoy. Do a check-in every three to five years with professionals like https://www.velocitylegal.com.au/wills-and-estates/probate-lawyers, or as soon as life throws a curveball.
Failing to Properly Sign and Witness
Australian law loves formality, especially for wills. Each one must be signed by you – the star of the show – in front of two witnesses with absolutely no stake in your estate drama. No, your niece who fancies the car can’t do it.
Yes, electronic signatures had a brief starring role during COVID, but most states are back to ink and a handshake (not literally, but you get the gist). Forget these old-school requirements, and your will risks the legal bin.
Not Communicating with Family
Technically, you don’t have to broadcast your will at Sunday lunch. But keeping your intentions top secret can set off family fireworks worthy of New Year’s Eve. Surprises in a will often lead to courtroom showdowns and relationship rifts.
So, consider a quick chat, especially if your decisions might raise an eyebrow or two. You don’t have to spill every secret, but some healthy transparency can keep peace in the family after you’ve exited stage left.
Not Consulting with a Professional
DIY is great for pottery, not so much for wills. Trying to sidestep a lawyer might save a buck today, but it’s the kind of false economy your future self, or your heirs, will regret. Estate lawyers speak fluent “legalese” and know the quirks of Australian inheritance law. Their advice can help your wishes stick and your taxes shrink.
Got business assets, super, or a clutch of complicated bequests? A professional will spot traps you didn’t even know existed.
Protecting Your Legacy Through Proper Planning
Avoid the classic mistakes, and your legacy will travel the smoothest road possible. A little extra effort and expert help today will keep your estate on course, minimise family drama, and help those you care about most when it really matters.
Think of it as the ultimate peace of mind, perhaps the only thing you can truly take with you!
