Last will & testiment

A will is a legal document that states how you want your assets, property, and possessions to be distributed after your death. It also allows you to appoint an executor (the person who manages your estate) and, if applicable, a guardian for your children.

Having a will ensures that:

• Your wishes are respected after you pass away.
• Your assets go to the people or causes you choose.
• Family disputes are minimized.
• The process for your loved ones is faster and less stressful.

Without a will, your estate is distributed according to state laws — not necessarily the way you’d want.

Dying without a will is called dying intestate. In that case, your estate is divided according to your state or territory’s intestacy laws. This usually means your spouse and children share your estate, but if you have no immediate family, the government could ultimately claim your assets.

You can include:

• Distribution of assets (money, property, vehicles, valuables).
• Specific gifts or sentimental items.
• Instructions for pets.
• Donations to charities.
• Guardianship for children.
• Funeral or burial preferences.

Yes — a will can be contested if someone believes:

• They were unfairly left out.
• You weren’t of sound mind when making it.
• You were pressured or influenced.

Having a clear, well-drafted will (and legal advice) helps reduce the risk of disputes.

A Will focuses on distributing your assets after death.
An Estate Plan covers your entire financial and legal affairs, including:

• Your will
• Superannuation nominations
• Power of attorney (for financial decisions)
• Advance care directive (for medical decisions)

You should review or update your will when major life events happen, such as:

• Marriage or divorce
• Birth of a child
• Death of a beneficiary or executor
• Buying or selling property
• Significant changes in assets or relationships

It’s good practice to review it every 2–3 years even if nothing major changes.

Store your original will in a safe, accessible place:

• At AusWill we can provide a Will Storage service for your convenience. 
• A safe deposit box
• At home in a fireproof safe (if someone you trust knows where it is)

Give copies or tell your executor and close family where to find it.