The Australian Securities & Investments Commission (ASIC) puts it plainly: “It’s estimated that nearly half of all Australians die without a Will, or ‘intestate’. Don’t let this happen to you. Make a Will today.”
Since our mortality rate remains firmly at 100%, it’s concerning that so many Australians pass away without a valid Last Will and Testament. While it may seem like a distant task, failing to plan ahead can leave loved ones navigating complex legal disputes. That’s not the kind of legacy anyone wants to leave behind.
What Is a Will and Why It Matters
A Will is a legally binding document that allows you to decide exactly how your assets should be distributed when you die. The person creating the Will is called the testator, and they appoint an Executor to carry out these instructions.
In essence, your Will acts as a clear guide for your Executor. It provides direction on what to do with your:
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Real Estate
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Bank Accounts
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Personal Items
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Shares and Investments
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Pets
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Sentimental or Valuable Collections
Without this guidance, confusion and family conflict can quickly arise.
What Happens If You Die Without a Will?
Dying without a Will is referred to as dying intestate. In New South Wales, the Succession Act 2006 (NSW) determines who inherits your estate. However, these laws may not reflect your actual wishes.
The typical legal order of inheritance is:
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Spouse or De Facto Partner
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Children
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Parents
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Siblings
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Grandparents
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Aunts, Uncles, and Cousins
If your circumstances are more complex, such as having a blended family or going through a recent separation, these default rules may cause unintended outcomes.
For example, assets may go to an estranged partner simply because the law deems them next in line.
This is why it’s crucial to review and update your Will regularly—especially after major life events.
The Risks of Not Having a Will
Without a Will, your family may face prolonged legal procedures, emotional strain, and significant financial costs. Worse still, your estate could end up with someone you never intended to benefit.
To avoid this, consider how a Will can help you:
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Appoint the right person to manage your estate
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Prevent disputes among family members
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Ensure vulnerable loved ones are provided for
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Keep control over who inherits what
Creating a Will isn’t only about wealth. It’s about clarity, care, and making life easier for the people you leave behind.
Take the First Step: Secure Your Legacy
At Madison Marcus, our dedicated Wills and Estates lawyers in Sydney understand how deeply personal these matters are. That’s why we provide compassionate, strategic advice to help you plan for the future with confidence.
Whether you’re preparing your first Will, updating it after a major life event, or seeking support with estate planning, probate, or contesting a Will, we’re here to assist.
Don’t wait until it’s too late—take control of your legacy today.
Where there’s a Will, there’s a Way.
Let us help you create yours.
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