What happens if I die without a will?

Your estate is distributed under the intestacy rules in the Succession Act, which set a fixed order of priority that may not match your wishes. The process is also slower and more expensive than administering an estate under a will.

Do I need to update my will?

Marriage usually revokes a previous will and divorce affects gifts to a former spouse. A new home, child, grandchild, business interest or substantial change in assets is a good time to review it.

What is a testamentary trust?

A trust created by your will rather than during your lifetime. The trustee, often a beneficiary, controls the assets after death with tax and asset protection advantages, particularly for beneficiaries with young children, complex relationships or exposure to creditors.

Can my will be challenged?

Eligible persons, including spouses, children and certain dependants, can apply for a family provision order under chapter 3 of the Succession Act. A well prepared will, with a clear statement of reasons where someone is left out, makes a challenge harder to sustain. Speak with us if you have concerns about how your will might be received.

Wills

Preparation of wills, including simple wills, mutual wills and wills involving testamentary trusts.

Preparing a Will That Reflects Your Wishes

A will decides who receives what you have built, who administers your estate and who cares for your children. Without one, the law makes those decisions for you, and the people you leave behind carry the cost and the delay. Putting a clear will in place is usually straightforward and gives real peace of mind.

Why You Should Have a Valid Will

A properly signed and witnessed will avoids the intestacy rules, gives your executor clear authority to act, and reduces the scope for family disagreement about what you intended.

Choosing Executors and Beneficiaries

Your executor administers the estate, so it should be someone reliable and willing to take on the task, with an alternate named in case they cannot act. Beneficiaries can be named individually or by class, with clear provision for anyone who dies before you.

What your will needs to cover

Distributing Your Estate

Your will can leave specific items, sums of money or shares of the residue, dealing separately with property, investments and personal effects and covering what happens if an asset is sold or no longer exists.

Guardianship for Your Children

If you have children under 18, your will can nominate a guardian to care for them if both parents die. This carries significant weight with the Court and with family members if a dispute arises.

Assets Outside Your Will

Superannuation, jointly owned property and trust assets generally do not pass under your will. These are addressed separately, often through a death benefit nomination or a review of how property is held.

Reducing Disputes and Keeping It Current

Clear drafting, an accurate assets list and proper execution under the Succession Act 2006 (NSW) all make a will harder to challenge. Marriage, separation, a new home, child or business are all good reasons to review it.

Our process

How a matter of this kind moves from first contact to outcome.

Initial Discussion

We talk through your family, your assets and what you want to achieve, without jargon.

Review Your Assets

We identify what passes under the will and what does not, such as superannuation and jointly held property.

Structure the Estate

We advise on executors, guardians, specific gifts and whether a testamentary trust suits your circumstances.

Draft the Will

A clear draft is prepared and explained to you clause by clause, with changes made until you are comfortable.

Signing and Witnessing

The will is signed and witnessed in line with the Succession Act so its validity is not open to question.

Safe Storage and Review

The original is stored securely and we suggest reviewing it whenever your circumstances change.

How Shah & Co Lawyers can assist

We handle every stage of preparing your will, from the first conversation through to signing and safe storage.

Simple and Mirror Wills

Clear wills for individuals, couples and families.

Testamentary Trust Wills

Trusts within your will for tax effective and protected inheritance.

Guardianship Appointments

Appointing guardians for children under 18.

Blended Family Planning

Balancing a current partner and children from an earlier relationship.

Business and SMSF Assets

Coordinating your will with company, trust and super arrangements.

Updating an Existing Will

Reviewing and revising a will after a change in circumstances.

What to think about beforehand

Who you trust to act as executor, and an alternate if they cannot act.
Guardians for any children under 18.
How your estate should be divided, and what happens if a beneficiary dies first.
Superannuation and life insurance, which usually pass outside your will.
Anyone you intend to leave out, and the reasons for that decision.

Risks of leaving it too long

Without a will, the intestacy rules decide who inherits, regardless of your wishes.
Your family may need a court appointment before they can deal with anything.
Home made and online wills often fail on execution or wording.
An outdated will can leave assets to a former partner.
A poorly drafted will invites a family provision claim against the estate.

Frequently asked questions

General information only. Every matter turns on its own facts.

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Need Legal Advice?

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Arrange a Consultation Call (02) 8281 6613