Don’t Leave Your Loved Ones Guessing: Why Every Victorian Needs a Will

Making a Will often ranks somewhere between “clean out the gutters” and “call the dentist” on most people’s to-do lists.

It keeps getting pushed to the bottom, not because it’s difficult, but because thinking about your own death is, understandably, not anyone’s idea of a fun afternoon.

But here’s the thing: a Will isn’t really about you. It’s about everyone you leave behind.

You worked hard for what you have

In Victoria, if you die without a will, you die intestate. That means the intestacy provisions of the Administration and Probate Act 1958 (Vic) take effect. The law will distribute your estate according to a rigid formula based on family relationships. It does not take into account relationship breakdowns, estranged family members, what you wanted to have happen or who you wanted to take control of your assets following your death.

Mirror wills are two separate documents that essentially copy each other. Typically Partner A leaves everything to Partner B (and vice versa), and if both die, everything goes to the children.

Someone has to be in charge

A Will lets you appoint an Executor. The person you name as executor in your Will should be a trusted person as they will be responsible for administering your estate, paying debts and distributing assets. Without one, the Supreme Court of Victoria appoints an administrator, which takes time, costs money, and adds considerable stress to an already difficult period for your family and loved ones.

Think of your Executor as the project manager of your final affairs. You want someone organised, level-headed, and ideally someone who knows where to find key documents and key contacts. Not someone who still hasn’t filed their tax return from 2019.

Your Children, Your Choice

If you have minor children, a will allows you to nominate a guardian. A Guardian is the person (or people) who you would like to raise and care for your minor children, if both parents are deceased. This is arguably one of the most important reasons to have a Will. Unfortunatley, it is also one many parents overlook until a couples getaway or long-haul flight suddenly makes it feel very urgent.

By including a Guardianship clause in your Will, you make your preferences clear and which have taken into account your family dynamics, your values and who you would like to care for your children, if both parents have died.

Superannuation

Your superannuation does not automatically form part of your estate and this catches alot of people off guard. Unless you have a valid binding death benefit nomination in place, the trustee of your superannuation fund decides who receives your superannuation following your death. A will alone won’t do it.

This means that without proper planning, your super could end up somewhere you never intended.

It’s Easier Than You Think

Making a Will in Victoria doesn’t have to be expensive or complicated. It is one of the most considerate things you can do for the people who love you.

Having a properly drafted valid Will removes guesswork, reduces conflict, saves time and money, and helps to make sure your wishes are respected. It won’t make you think about death any more than you already do, but it will help those you leave behind so they can grieve without also having to navigate uncertainty around what you wanted.

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This article provides information only, it is not legal advice. Reach out to Simmons Legal if you would like advice on your personal circumstances.