What Should Be in Your Will?
A valid will is about more than who gets what. A plain-English checklist of what a properly prepared will actually needs to cover.
Read the guideClear, sensible documents that protect your family and make sure your wishes are actually carried out.
Wills & estates
Nobody enjoys thinking about what happens after they're gone. But a properly drafted will is one of the kindest things you can leave your family — it removes guesswork, prevents arguments and makes an already hard time considerably easier. Without one, the law decides who gets what, and the answer may not be what you'd have chosen.
Estate planning is about more than a will, though. It's also about who looks after your finances and your medical decisions if you're alive but can't decide for yourself. We help you put the full picture in place: a will that reflects your wishes, an enduring power of attorney, an enduring guardianship appointment, and — where it makes sense — a testamentary trust to protect what you leave behind.
We work with young families writing their first will, blended families with more complicated wishes, business owners whose estate includes a company, and retirees tidying up documents that are decades out of date. Whatever your situation, we explain everything in plain English and give you documents you understand before you sign them.
New — start online
Complete a guided online intake about your family, assets and wishes before you ever pick up the phone. Sign in with a one-time email link — no password needed — save your progress and pick up where you left off. A Law Plus Australia solicitor reviews everything before any document is prepared.
Our wills and estates services cover planning for both death and incapacity:
Putting off a will is usually about one of two things: not wanting to think about it, or not knowing what it costs. We can fix the second one right now — standard wills, enduring powers of attorney and enduring guardianship appointments are all available on a fixed-fee basis, quoted before we begin. Many clients bundle the documents together and get the whole thing sorted in a couple of appointments.
More complex estate planning — testamentary trusts, business succession, or estates with assets across multiple states — is quoted individually after we understand what's involved, and you'll always receive the price in writing first.
Already have a will? If it was written more than a few years ago, or before a marriage, separation, new child or property purchase, it's worth a review. Life changes; your will should keep up.
Common questions
Yes. Without a will, the law decides who receives your estate — and the result may not match your wishes. A will also lets you choose your executor, appoint guardians for young children and make things far easier for your family at a difficult time.
An enduring power of attorney lets someone you trust manage your financial and legal affairs if you can't. An enduring guardian makes personal and lifestyle decisions for you — like where you live and what medical treatment you receive. Most people benefit from having both.
A testamentary trust is a trust created by your will that holds assets for your beneficiaries rather than passing them over directly. It can offer tax advantages and protect inheritances from creditors, relationship breakdowns or a beneficiary who isn't ready to manage money. Whether you need one depends on your family and financial situation — we'll tell you honestly.
Will kits can work for very simple estates, but mistakes in signing, witnessing or wording can make a will invalid or spark disputes that cost your family far more than a lawyer-drafted will would have. If you own a business, have a blended family or hold assets in a trust or super fund, get proper advice.
Review it every few years and after any major life event — marriage, divorce, separation, a new child or grandchild, buying or selling a home or business, or the death of an executor or beneficiary. Marriage and divorce can automatically revoke or alter parts of a will in many states.
Related reading
A valid will is about more than who gets what. A plain-English checklist of what a properly prepared will actually needs to cover.
Read the guideBoth let someone decide for you if you can't — but they cover completely different things. Here's the difference.
Read the guideWhen someone dies without a will, state intestacy laws decide who inherits. Learn who gets what, and how a will avoids it.
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