Who actually gets what when you’re no longer around? It’s not the most comfortable question to think about, but it’s an important one. Because if you don’t make the decision yourself, someone else will. And that someone might be a judge who’s never met you, doesn’t know your family, and has no idea what matters most to you.
That’s the reality when a will doesn’t exist or isn’t done properly. Things get messy, fast. So here’s the truth: getting advice from an estate lawyer early on is one of the smartest, most considerate things you can do for yourself, and for everyone you care about.
What Happens When You Don’t Decide?
Let’s say you pass away without a valid will. The legal term for this is “dying intestate.” In this case, your estate doesn’t get distributed based on your preferences. Instead, strict legal rules kick in, and a court decides who gets what.
This process can:
- Drag on for months – sometimes even years
- Cost your loved ones more – in legal fees, taxes, and stress
- Create conflict – especially if there’s family tension or confusion
- Disregard personal relationships – the law doesn’t take friendships, stepchildren, or special promises into account
For example, if you’re in a de facto relationship but never formally documented your partner in a will, they might not receive what you assumed they would. Likewise, children from previous relationships could be left out or given less than you intended. All of this can be avoided with clear instructions from you, backed by the right legal advice.
The Role of an Estate Lawyer (And Why It Matters)
Estate lawyers Canberra don’t just draft wills. They help you make sense of everything that goes into planning for the future of your assets. That includes your property, finances, possessions, and responsibilities like guardianship of children.
They help you:
- Clarify your wishes – so nothing is left open to interpretation
- Navigate legal requirements – making sure your will is valid and enforceable
- Plan for tax implications – so more of your estate goes to your chosen people, not the government
- Consider contingencies – such as what happens if a beneficiary passes before you
- Update documents when life changes – new relationships, children, property, and more
Most importantly, they help ensure your estate plan reflects what you want—not what the law assumes you might want.
It’s Not Just for the Wealthy
One of the biggest myths about estate planning is that it’s only necessary for people with significant wealth. But almost everyone has something of value—whether it’s a home, car, superannuation, savings, or sentimental items.
And even if the estate is modest, disputes can still happen. Families fall out over far less than you might think.
So, regardless of how large or small your estate is, having a legally sound will can make a huge difference. It keeps things clear and gives your loved ones guidance when they need it most.
More Than a Will
A complete estate plan often involves more than just a simple will. An estate lawyer can walk you through other important documents, depending on your situation.
Some common ones include:
- Enduring power of attorney – allows someone to manage your financial affairs if you’re unable to
- Advance care directive – outlines your wishes for medical treatment and personal care
- Testamentary trusts – useful if you want to protect assets or provide long-term support for children, vulnerable family members, or beneficiaries with specific needs
These documents work together to give you full control, not just over what happens after you die, but also what happens if you lose capacity during your life.
Why Timing Matters
It’s tempting to put this off. After all, thinking about death or illness isn’t exactly enjoyable. But waiting can create serious complications. If you become unwell or lose the ability to make decisions, it may already be too late to put legal documents in place.
