It is relatively easy to find a free Will template on the internet or a fairly cheap Will “kit” from a newsagent or online. There are also websites that have “data collectors” that take your information and create a Will for you seemingly without any legal expertise required. So, is it really a good idea to write your own Will?

Without a Will, the finalisation (administration) of your estate could be left to somebody you would not wish to involve, and the distribution of your assets will be pre-determined by legislation. This is likely to be more stressful, complex and costly for your loved ones.

To help you to get started we have set out some of the most common questions that arise when considering planning for your estate.

A Will outlines the deceased person’s wishes regarding the distribution of their assets but may also express their intentions in relation to the care of children and pets, and other critical instructions. Unfortunately, the location of this critical document is often not obvious, and locating the Will is frequently a considerable source of frustration for those administering the estate.

Estate disputes are surprisingly common in Australia. Laws across different jurisdictions allow eligible individuals to challenge a deceased’s Will if they believe they have not been adequately provided for. In such cases, a successful claim might result in the terms of your Will being adjusted in favour of the claimant. However, there are steps you can take to help protect your estate from a family provision claim so that your final wishes are respected.

It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would want after they die.

If you don’t have a Will your assets will be divided according to how the law dictates in the rules of intestacy, that is, when you have not made a Will.  If you die intestate it is very likely that your estate will not be distributed as you would have desired.

When someone passes away, questions often arise about inheritance. In cases where a person believes that they have not been adequately provided for by a deceased family member (whether or not a Will was left), certain laws may enable them to make a family provision claim to help make the situation fairer.

While it is possible to create a Will without a lawyer by using online resources or DIY kits, it is important to consider the potential drawbacks of this approach. A Will is a critical legal document, and errors or omissions can have significant consequences for your loved ones.

Navigating the responsibilities that follow the passing of a loved one can be overwhelming. Amidst grief, there are legal and administrative tasks to manage, and one of the legal considerations when managing an estate is whether probate is required.