Law Plus Most people know they should have a will, and most people picture it as a simple document: who gets the house, who gets the savings. A properly prepared will does that, but it also needs to cover several things that are easy to overlook — and that, left unaddressed, can cause real delay and conflict for the people you leave behind. Here's what should actually be in it.
An executor who knows what they're taking on
Your executor is the person legally responsible for administering your estate — applying for probate if needed, paying debts, and distributing assets according to your will. Choose someone you trust to handle this responsibly, name at least one backup in case your first choice can't act, and — ideally — talk to them first. Being an executor is a real job, sometimes over many months, and it helps if it isn't a surprise.
Clear, specific gifts
Vague wording is one of the most common sources of family disputes after death. "My belongings to my children" invites disagreement about who gets what; specific gifts, or a clear mechanism for dividing personal items (such as leaving it to the executor's discretion, explicitly), avoid it. The same applies to the residue of your estate — what's left after specific gifts and debts — which needs a clear formula for how it's divided if you have multiple beneficiaries.
Guardianship, if you have young children
If you have children under 18, your will should nominate a guardian to care for them if both parents die or are unable to. Courts generally give significant weight to a parent's wishes, but a will is the clearest way to state them — and to avoid the guardianship of your children being contested or left to a court to decide from scratch.
What happens if a beneficiary dies before you
A well-drafted will includes a "gift over" provision — what happens to a gift if the intended beneficiary dies before you do. Without one, that gift can fail entirely and fall back into the residue of the estate, or be distributed according to intestacy rules, potentially going to people you never intended.
What a will can't actually deal with
Some assets sit outside your estate and aren't covered by your will at all. Superannuation is paid according to your fund's rules and any binding death benefit nomination you've made — not your will — unless you've specifically arranged otherwise. Assets owned as joint tenants (such as a family home owned jointly with a spouse) usually pass automatically to the surviving owner, regardless of what your will says. Knowing what your will does and doesn't cover avoids nasty surprises for your beneficiaries.
Why a will kit can leave gaps
A DIY will kit can produce a document that's technically valid, but the risk is in what it doesn't prompt you to think about — unclear wording that invites a dispute, a missing gift-over provision, or a structure that doesn't account for a blended family, a business you own, or a beneficiary with special needs. These gaps often aren't discovered until after you've died, when it's too late to fix them.
Getting it done properly
A straightforward will doesn't need to be expensive or take long to prepare. Our wills and estates lawyers offer fixed-fee wills for most situations, and will ask the right questions to make sure nothing important gets missed. If you'd also like to understand what happens without a will, see our guide on dying without a will in Australia.