Wills 101: Answers to Frequently Asked Questions
Do I Need a Will? Why Every Adult Should Have a Legally Valid Will in Victoria
Many people assume that making a Will is something they can put off until later in life. Others believe that because they are married, have few assets, or are still relatively young, they don't need one at all.
The reality is that every adult should have a legally valid Will, regardless of their age, wealth, or family circumstances.
At Craigieburn Lawyers, one of the most common questions we hear is: "Do I really need a Will?"
The short answer is yes.
A properly drafted Will provides certainty, protects your loved ones, and ensures your wishes are carried out after your death. Without a Will, your estate may be distributed according to Victorian intestacy laws rather than your personal wishes.
If you're looking for a Will lawyer in Craigieburn or need advice about estate planning in Victoria, our experienced team can guide you through the process and help give you peace of mind.
What Happens If You Die Without a Will in Victoria?
When a person dies without a valid Will, they are said to have died "intestate."
In Victoria, intestacy laws determine who receives your assets and who has authority to administer your estate. While these laws aim to distribute assets fairly, they do not consider your personal wishes, family dynamics, or unique circumstances.
Dying without a Will can create a range of problems, including:
Delays in administering your estate
Additional legal costs
Family disputes
Uncertainty about who inherits your assets
Stress and emotional burden for loved ones
Complications for blended families and de facto relationships
For example, many people assume that their spouse will automatically inherit everything. However, this is not always the case, particularly where there are children from previous relationships or complex family arrangements.
Having a professionally drafted Will helps avoid these complications and ensures your estate is distributed according to your wishes.
Why Having a Will Is So Important
A Will is much more than a legal document.
It allows you to:
Decide Who Receives Your Assets
Your Will determines who inherits your property, savings, investments, personal belongings, and other assets.
Rather than allowing legislation to make these decisions for you, a Will gives you control over how your estate is distributed.
Choose Who Will Manage Your Estate
A Will allows you to appoint someone you trust to administer your estate and carry out your wishes.
This person is known as your executor.
Protect Your Family
A carefully prepared Will can help reduce the risk of family disputes and confusion after your passing.
Clear instructions can save your loved ones significant time, stress, and expense during an already difficult period.
Provide Peace of Mind
Many clients tell us that once their Will is completed, they feel an enormous sense of relief knowing their affairs are in order.
Estate planning isn't just about protecting assets, it's about protecting the people you care about most.
What Should I Think About Before Meeting a Will Lawyer?
You don't need to have everything figured out before meeting with a lawyer.
At Craigieburn Lawyers, we guide clients through the entire process and help identify important issues they may not have considered.
However, it can be helpful to think about:
Who you would like to appoint as your executor
Who should inherit your estate
Whether you wish to leave any specific gifts
Whether you would like to make charitable donations
Your family circumstances
Any special considerations for children or dependants
Even if you're unsure about some of these decisions, our team can provide practical advice tailored to your situation.
What Is an Executor?
An executor is the person responsible for administering your estate after you pass away.
Their role includes:
Locating your assets
Paying debts and liabilities
Applying for Probate if required
Distributing assets to beneficiaries
Carrying out the instructions contained in your Will
Being an executor is an important responsibility, so it's essential to choose someone who is trustworthy, organised, and capable of handling legal and financial matters.
Many people appoint their spouse as their primary executor and nominate an alternative executor in case their first choice is unable or unwilling to act.
At Craigieburn Lawyers, we can explain the responsibilities of an executor and help you make an informed decision.
What Is a Beneficiary?
A beneficiary is a person or organisation that receives part of your estate under your Will.
Beneficiaries may receive:
Specific gifts, such as jewellery, vehicles, or family heirlooms
Monetary gifts
A percentage of your estate
The remainder of your estate after debts and expenses have been paid
Choosing beneficiaries may seem straightforward, but estate planning laws can be complex.
In some circumstances, eligible family members may be able to make a family provision claim if they believe they have been unfairly left out of a Will.
Obtaining legal advice before finalising your Will can help minimise the risk of future disputes and ensure your wishes are properly documented.
Can I Leave Money to Charity in My Will?
Yes.
Many people choose to leave a gift to a charity, community organisation, religious institution, or educational body in their Will.
These gifts are often referred to as charitable bequests.
You can leave:
A specific sum of money
A percentage of your estate
Particular assets
The remainder of your estate after gifts to family members
If you wish to support a charitable cause, it is important that your Will is drafted correctly to ensure the organisation can receive the gift without complications.
Our estate planning lawyers can assist in structuring charitable gifts to ensure your wishes are honoured.
Can I Change My Will Later?
Absolutely.
A Will is not a permanent document.
In fact, it should be reviewed whenever significant life changes occur, such as:
Marriage
Separation or divorce
Having children
Purchasing property
Starting a business
Receiving an inheritance
Changes in family relationships
You can update your Will by preparing a new Will or, in some circumstances, by using a legal document known as a codicil.
At Craigieburn Lawyers, we prepare Wills with long-term planning in mind and can advise you when updates may be appropriate.
Regular reviews help ensure your estate plan continues to reflect your wishes and current circumstances.
Why Choose Craigieburn Lawyers for Your Will?
Creating a Will is one of the most important legal decisions you can make.
When you work with Craigieburn Lawyers, you'll receive practical, personalised advice tailored to your unique circumstances.
Our team assists clients throughout Craigieburn, Mickleham, Kalkallo, Greenvale, Roxburgh Park, Donnybrook and surrounding northern suburbs with:
Wills
Estate planning
Powers of Attorney
Medical Treatment Decision Makers
Probate applications
Deceased estate administration
We understand that discussing end-of-life planning can feel overwhelming, which is why we focus on making the process straightforward, affordable, and stress-free.
Speak to a Will Lawyer in Craigieburn Today
If you don't have a Will, now is the perfect time to put one in place.
A professionally drafted Will can protect your family, preserve your wishes, and provide certainty for the future.
At Craigieburn Lawyers, we offer clear advice and practical estate planning solutions tailored to your circumstances.
Whether you're creating your first Will, updating an existing Will, or seeking advice about estate planning, our experienced team is here to help.
Contact Craigieburn Lawyers today to arrange an appointment and take the first step towards securing peace of mind for yourself and your loved ones.