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MAKING A WILL MATTERS

Ensure your loved ones are protected

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Why Wills Matter?

Without a valid Will, intestacy laws establish a specific order of priority for distributing your assets.

Your assets may be allocated to family members, depending on their relationship with you, which may not align with your wishes.

Many people put off making a Will, not realising the legal and personal consequences.

A Will is more than a document — it’s peace of mind for your family.

Wills for Every Stage & Circumstance of Life

It’s Never Too Early / Accidents and Illness Can Happen Anytime

Young Individuals and Couples

Parents with young children

Without a valid will, if both parents die intestate, the court will appoint a legal guardian for children of minor age, which may not be according to the parents’ wishes leading to conflicts and uncertainty.

Young individuals without dependents

You need a will to ensure that your assets are distributed in accordance with your wishes.

Middle-Age

Blended families

Without a will, split families can lead to problems such as unequal distribution, exclusion of step-children; limited spousal protection; disputes over guardianship; and complexities with inherited property.

Business and finance

Without a will, managing debts, mortgages, bills, and business interests becomes uncertain. A will is crucial to provide clear instructions for handling these commitments and ensuring a smoother transition for loved ones.

Care for children with special needs

Without a will, intestacy laws do not account for the unique financial needs of dependents with special needs. Without a will, there may not be adequate provisions made to ensure your loved ones long-term financial security and care.

Seniors & Retirees

Process complexity

As people age, they tend to accumulate more assets, which can include properties, investments, savings, and personal belongings.

Without a will, the distribution of these assets becomes subject to default legal procedures, potentially leading to a more complex and time-consuming probate process.

Varied beneficiaries

As People age, family dynamics can become more complex and they often have a wider array of beneficiaries, such as children, grandchildren, and extended family. Without a will, disagreements among family members.

Ready to protect your family and your future?

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Frequently Asked Questions

Wills & Enduring Power of Attorney (EPOA)

Understand your legal rights, obligations, and how to plan for the future.

❓What happens if I die without a Will ?

If you pass away without a Will, your assets will be distributed based on a standard legal formula. This means your estate could be divided in a way that doesn't reflect your personal wishes, and people you intended to provide for may miss out. It can also lead to delays, family disputes, and higher legal costs for your loved ones.

❓ When should I make or update my Will?

You can make a Will as soon as you're 18 years old and have decision-making capacity. It's especially important to have one if you:

• Own assets or property

• Get married or enter a de facto relationship

• Have children or other dependents

• Start or grow a business

Once created, your Will should be reviewed every 3–5 years, or when life changes, such as:

• Marriage, separation, or divorce

• Birth or adoption of children

• A beneficiary or executor passes away

• Major changes in your finances or assets

• Moving interstate or overseas

✅ Keeping your Will up to date ensures it reflects your current circumstances and wishes.

❓ What’s the difference between a Will and EPOA?

A Will takes effect after death — it outlines who inherits your estate.

An EPOA is used while you're alive, in case you lose the capacity to manage your affairs due to illness, accident, or age.

✅ Everyone should have both.

❓ Do I need a lawyer to make a Will or EPOA?

Yes — especially if you have complex assets, family dynamics, or want legal protection. Poorly drafted Wills and EPOAs can:

• Be invalid

• Be misused by someone in a position of power

• Lead to court disputes and delays

✅ A lawyer ensures your documents are clear, enforceable, and safe from abuse.

❓ Can I leave someone out of my Will?

You can, but be careful. Spouses, children, and dependents can challenge a Will if they feel left out.

✅ If you plan to exclude someone, get legal advice and make sure your reasoning is clearly documented.

❓ What happens if I lose capacity without EPOA?

If you become incapacitated (even temporarily), and don’t have an EPOA, your family may have to:

• Apply to VCAT to manage your affairs

• Wait weeks/months for decisions

• Endure stress and legal costs

✅ Having an EPOA saves your family time, money, and heartache.

❓ Can I change my Will or EPOA later?

Yes, you can revoke or update both documents at any time, as long as you have capacity.

✅ Tip: Always destroy older copies and inform your executor or attorney about the update.

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