When the Phone Call Comes
Most of us who grow up with caring parents would not trade a thing. There may be regrets, unfinished conversations, things we wish we had done better — but the memories and sacrifices are sacrosanct.
And then one day the phone rings.
My sister said simply, “Dad is dead.”
Those words have a finality that no conversation can soften. I flew home with a knot in my stomach, not knowing what we would find, not knowing how practical matters would unfold.
The Drawer at the Bottom of the Bed
In the days that followed, we found a small hidden drawer at the bottom of my father’s bed. In it were a few personal items, an old fashioned “Just in Case” letter.
It was only after the funeral that we found a one page will. That single page changed everything.
Had there been no will, things could have unfolded very differently. If you’d like to read the personal story that shaped my view on estate planning, you can find it here.
What Happens If You Die Without a Will in Australia?
If someone dies without a valid will in Australia — a situation called intestacy — the legal system steps in to decide what happens next. It is not random, but it is statutory and not personal.
Under intestacy:
- A court appoints an administrator — possibly a family member — to manage the estate.
- Assets are distributed according to state and territory laws.
- The process is typically slower and more expensive.
- The outcome may not reflect personal wishes.
State intestacy laws prioritise spouses and children, but they may not account for blended families, stepchildren, or personal bequests.
That’s the practical consequence. But there’s a broader social one too: a large proportion of Australians simply don’t have a valid will in place when they die.
In fact, research suggests more than half of Australian adults — around 60%, or roughly 12 million people — do not have a will at all.
Why So Many Australians Delay Making a Will
Procrastination is a curious thing. We know we should do it. We just don’t.
People often tell themselves:
- “I’m not wealthy enough for it to matter.”
- “Everything will go to my partner.”
- “The kids will sort it out.”
- “There’s time.”
But death has a finality that does not consult our diary.
In my father’s case, that simple will spared us from a far more complicated process. It did not remove grief. But it removed confusion.
Who Becomes the Executor — And Why It Matters
A will does more than divide assets. It appoints an executor — the person legally responsible for administering the estate.
That role carries responsibility. The executor has a duty of care to beneficiaries. They can be held accountable if they fail in that duty.
Choosing an executor should not be an afterthought.
An executor should be capable, fair-minded and trusted by all involved.
What Should a Will Include?
At its simplest, a valid will in Australia should:
- Be in writing and signed.
- Be witnessed by two appropriate witnesses.
- Appoint an executor.
- Clearly state beneficiaries.
- Address what happens to the “residual estate” — everything not specifically gifted.
Many wills also include specific bequests — jewellery, heirlooms, sentimental items. Clarity here avoids misunderstanding and hurt.
A will properly drafted ensures your intentions are clear and legally effective.
What a Will Does Not Automatically Cover
Many people are surprised that some important assets do not automatically fall under a will.
Superannuation, for example, is typically held in a trust. It does not automatically form part of the estate unless there is a valid binding death benefit nomination.
Jointly owned assets also often pass outside the will.
When someone dies, their personal tax affairs must be finalised to the date of death. After that, the estate itself may require tax returns until it is fully administered.
These are not reasons for alarm — but they are reasons to plan.
How Estate Planning Protects Your Family and Assets
A will is one component of estate planning.
For more complex situations — business owners, blended families, children from previous relationships, or vulnerable beneficiaries — additional structures may be appropriate.
Testamentary trusts, for example, can be established within a will.
They can provide:
- Flexibility in supporting dependants.
- Asset protection.
- Tax effectiveness.
- Protection from external claims.
Estate planning is about seeing the bigger picture — not just dividing assets, but protecting people.
The Cost of Getting It Wrong
Even when there is a will, it does not always go smoothly. Some estimates suggest that up to half of people die without a valid will, and many more have wills that are outdated or unclear.
Disputes can arise for many reasons:
- Poor drafting.
- Changes in family structure not reflected in the will.
- Perceived unfairness.
- Lack of clear communication.
Legal disputes over wills can eat into the estate, cost time and money, and amplify grief. Planning does not guarantee harmony — but it significantly reduces avoidable conflict.
Estate Planning Is About Removing Chaos
When I think back to that small drawer at the bottom of my father’s bed, what I remember most is relief — the quiet certainty that there was clarity about his wishes.
A will is not about death.
It is about responsibility.
It is about ensuring that when the inevitable happens, the people you love are not left navigating confusion that could have been prevented.
Estate planning is simply part of seeing the wood for the trees.
If you would like clarity around your own situation, we are always happy to have a conversation.
NB: The content of this blog was correct as at March 2026