More than half of all Australians do not have a valid, up-to-date will. Many assume that their assets will automatically pass to their partner or children. In some circumstances that may be true — but it is far from guaranteed, and the consequences of dying without a will can be severe for the people you leave behind.

When you die without a will — known as dying intestate — your estate is distributed according to a rigid statutory formula set out in Victorian legislation. This formula does not take into account your wishes, your relationships, or your circumstances. A long-term de facto partner may receive nothing. Children from a previous relationship may be overlooked. A beloved family member may be excluded entirely.

Beyond the distribution of assets, dying without a will means the court must appoint an administrator to manage your estate — a process that takes time, costs money, and adds stress to an already difficult time for your family.

A well-drafted will solves all of this. It allows you to specify exactly who receives your assets, appoint an executor you trust to carry out your wishes, nominate a guardian for any minor children, and minimise the risk of family disputes over your estate.

Making a will is one of the most important things you can do for the people you love. At Barrister, we draft comprehensive, legally sound wills for individuals and families across Victoria. Contact us today to get started.