A Will is a legal document that allows a person (the testator) to direct how their assets and possessions are to be distributed upon death. It enables the testator to:
- Appoint an Executor to administer the estate.
- Nominate guardians for minor children.
- Make specific gifts or bequests to individuals, charities, or organisations.
- Set out funeral arrangements and other wishes.
2. Avoidance of Intestacy
If a person dies without a valid Will (intestate), their estate is distributed according to a statutory formula under the Succession Act 2006 (NSW), which may not reflect the deceased’s wishes. The intestacy rules prioritise spouses, children, parents, siblings, and more distant relatives in a prescribed order. If no eligible relatives exist, the estate may ultimately pass to the State.
3. Minimising Disputes and Delays
A clear, valid Will reduces the risk of disputes among family members and beneficiaries. It provides legal certainty and can expedite the administration of the estate, minimising delays and additional costs associated with intestacy.
4. Appointment of Executor
A will allows the testator to appoint a trusted person or professional (such as NSW Trustee & Guardian) as Executor. Without a Will, an administrator must be appointed by the court, which can be a more complex and less predictable process.
5. Provision for Dependants and Vulnerable Beneficiaries
A Will enables the testator to make adequate provision for dependants, including minor children, persons with disabilities, or vulnerable family members, potentially through the use of testamentary trusts.
6. Charitable and Specific Bequests
Only through a Will can a person make gifts to friends, charities, or non-family members, as intestacy rules generally restrict distribution to family.
A Will is a fundamental estate planning tool that provides legal certainty, control, and peace of mind. It ensures that a person’s wishes are respected, reduces the risk of disputes, and streamlines the administration of their estate. The absence of a Will exposes the estate to statutory intestacy rules, potential delays, increased costs, and outcomes that may not reflect the deceased’s intentions.
If you own property and/or are working and therefore have superannuation, you need to ensure you have a valid Will in place. Contact our experienced team of solicitors today on 02 4627 3333 to organise an appointment for an estate planning review.
This article was published on 05/01/26 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.
