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Why Every Adult Should Have a Legally Valid Will

ByHannah McPherson

Most people know they should have a will, yet many Australians delay preparing one. Whether it’s because life gets busy, you’re unsure where to start, or you believe you’re too young to need one, putting off estate planning can create unnecessary stress and uncertainty for the people you care about most.

A legally valid will is one of the most important documents you’ll ever sign. It allows you to decide what happens to your assets, who will administer your estate, and, in many cases, who will care for your children if something happens to you.

Without a valid will, those important decisions may be made according to Western Australian law rather than your personal wishes.

At Leeuwin Legal Collective, we help individuals and families throughout Busselton and the South West prepare clear, legally effective wills that provide certainty, minimise disputes, and give peace of mind.

What Is a Will?

A will is a legally binding document that sets out how your estate should be managed after your death.

Your estate generally includes:

  • Your home and other real estate
  • Bank accounts and savings
  • Investments and shares
  • Motor vehicles
  • Personal belongings
  • Superannuation (where applicable)
  • Business interests
  • Digital assets and online accounts

A properly prepared will allows you to specify:

  • Who will receive your assets
  • Who will administer your estate (your executor)
  • Guardians for minor children
  • Gifts to family, friends or charities
  • How specific items should be distributed

Rather than leaving these decisions to chance, a will ensures your wishes are clearly documented.

What Happens If You Don’t Have a Will?

If you die without a valid will, you are considered to have died intestate.

This means your estate is distributed according to the laws of Western Australia—not necessarily according to what you would have wanted.

Depending on your circumstances, this may mean:

  • Family members receive different shares than you intended
  • Unmarried partners may face additional legal hurdles
  • Blended families experience unexpected outcomes
  • Loved ones experience delays while the Court appoints an administrator
  • Additional legal costs are incurred

Many people assume everything automatically goes to their spouse. This isn’t always the case.

The distribution of an intestate estate depends on your individual family circumstances, including whether you have children, a spouse, or other surviving relatives.

Preparing a valid will removes much of this uncertainty.

Why Every Adult Should Have a Will

Many people believe wills are only necessary later in life.

In reality, every adult should consider preparing one.

Life can change unexpectedly, and having a legally valid will ensures your affairs are organised regardless of your age.

You should strongly consider preparing a will if you:

  • Own property
  • Have children
  • Are married or in a de facto relationship
  • Own a business
  • Have investments
  • Have superannuation
  • Wish to leave gifts to particular people
  • Have recently separated or divorced
  • Have remarried or have a blended family

Even if your financial situation is relatively simple, having a will can save your family significant stress later.

Choosing the Right Executor

Your executor is responsible for carrying out the instructions contained in your will.

Their responsibilities may include:

  • Applying for probate where required
  • Identifying estate assets
  • Paying debts and liabilities
  • Managing estate finances
  • Distributing assets to beneficiaries
  • Finalising the administration of your estate

Choosing someone who is trustworthy, organised and willing to take on the responsibility is essential.

Many people appoint:

  • A spouse
  • An adult child
  • A trusted family member
  • A close friend
  • A professional executor in more complex situations

Legal advice can help you determine who is most suitable.

Appointing Guardians for Children

If you have children under 18, your will is an important opportunity to nominate who you would like to care for them if both parents pass away.

While the Court ultimately considers the child’s best interests, your nomination provides valuable guidance and is given significant consideration.

For many parents, this is one of the most important reasons for preparing a will.

Protecting Blended Families

Modern families are often more complex than they were in previous generations.

Second marriages, stepchildren, de facto relationships and children from previous relationships can all affect estate planning.

Without careful planning, your assets may not ultimately pass to the people you intended.

A properly drafted will can help ensure:

  • Children from previous relationships are protected
  • Current partners are adequately provided for
  • Family disputes are minimised
  • Your wishes are clearly documented

Professional legal advice is particularly valuable for blended families.

Can Someone Challenge a Will?

In some circumstances, a will can be challenged.

Common reasons include claims that:

  • Adequate provision was not made for certain family members
  • The deceased lacked legal capacity
  • The will was signed under undue influence
  • The document was not legally valid

Although no lawyer can guarantee a will will never be challenged, having your will professionally prepared significantly reduces the risk of legal issues arising later.

Proper drafting helps ensure:

  • The document meets legal requirements
  • Your intentions are clearly expressed
  • Potential ambiguities are removed
  • Execution requirements are correctly followed

When Should You Update Your Will?

Preparing a will isn’t something you only do once.

Your estate plan should be reviewed whenever major life changes occur.

You should consider updating your will after:

  • Marriage
  • Divorce or separation
  • Beginning or ending a de facto relationship
  • The birth of children or grandchildren
  • Purchasing significant assets
  • Starting or selling a business
  • The death of a beneficiary or executor
  • Changes to your financial circumstances

Even without major changes, reviewing your will every three to five years is generally recommended.

There are many online will kits available, but they aren’t suitable for everyone.

While they may appear simple and inexpensive, DIY wills often fail to account for individual circumstances.

Common problems include:

  • Incorrect execution
  • Ambiguous wording
  • Missing beneficiaries
  • Failure to address blended families
  • Inadequate executor provisions
  • Invalid clauses

Fixing problems after someone has passed away is often far more expensive than preparing the will correctly in the first place.

Professional legal advice provides confidence that your will reflects your wishes and complies with Western Australian law.

Estate Planning Is More Than Just a Will

A comprehensive estate plan often includes additional documents beyond your will.

Depending on your circumstances, you may also benefit from:

  • An Enduring Power of Attorney
  • An Enduring Power of Guardianship
  • Superannuation beneficiary nominations
  • Advance Health Directives
  • Asset protection planning

Together, these documents help ensure your financial, legal and personal affairs are managed according to your wishes if you lose capacity or after your passing.

Preparing a will doesn’t have to be complicated.

At Leeuwin Legal Collective, we provide practical, personalised advice to help individuals and families make informed decisions about their future.

Whether you’re preparing your first will, updating an existing one, planning for a growing family, or considering broader estate planning, we’ll guide you through the process with clear advice and straightforward solutions.

Our goal is to ensure your wishes are properly documented, your loved ones are protected, and your estate can be administered as smoothly as possible.

Speak With a Wills & Estates Lawyer in Busselton

Having a legally valid will is one of the most important steps you can take to protect your family and provide certainty for the future.

If you’re ready to prepare your first will or update an existing one, the team at Leeuwin Legal Collective is here to help.

Book your free 15-minute consultation today with a Wills & Estates Lawyer in Busselton and receive clear, practical legal advice tailored to your circumstances.

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