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Proviso Lawyers
Proviso Lawyers
Proviso Lawyers

Q&A

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3 min read

Do I need a will if I don’t own much?

Do I need a will if I don’t own much?

Graham Lowe, Partner
Claire Bennett, Senior Associate

Graham Lowe

Checked by Claire Bennett

A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.
A brick path leads through a cottage garden full of flowers towards a white picket fence.

1

Provided you’re an adult making decisions for yourself. A will made under pressure from anyone else can be challenged.

Most people think of a will as a way to pass on property. It does that, but for many families its most important job is something else: naming the people who will care for your children and handle your affairs.

These are the questions we are asked most often by people who feel they don’t own enough to need a will.

What happens if I die without a will?

If you die without a valid will, a fixed formula decides who inherits, and a court may need to appoint someone to manage your estate. The formula usually favours a spouse and children, then parents, siblings and more distant relatives. It doesn’t know about your partner of ten years, your stepchildren or the friend you promised your piano to.

The process also takes longer. Your family may need to apply to a court before anyone can deal with your bank accounts, and the person appointed may not be the one you would have chosen.

I don’t own a house. What is there to leave?

More than most people think. Savings, a car, furniture, jewellery, digital accounts and things of sentimental value all form part of your estate. Many people also have life insurance through their super or pension fund, and that payout can be far larger than their savings. A will lets you decide where all of it goes, and who deals with it.

Who looks after my children?

For parents of children under 18, this is the most important reason to make a will. You can name a guardian to care for your children if both parents die. Without that, a court decides, often after relatives have disagreed. You can also set out how money left to your children is managed until they are old enough to handle it.

What does a simple will include?

  • Who looks after your children if both parents die.

  • Who manages your estate (your executor).

  • Who receives your belongings, savings and any super or pension you can direct.

  • What happens if someone you name dies before you.

  • Personal wishes, such as funeral or cremation preferences.

Does my super or pension follow my will?

Not always. Many funds pay benefits according to a nomination you make with the fund, not according to your will. Check whether you have made a nomination, whether it is binding, and whether it is still current. We review this as part of every will we prepare.

Can’t I just write one myself?

You can, and a homemade will is better than none. The risk is in the detail. A will that isn’t signed and witnessed correctly may be invalid. Unclear wording can lead to arguments, and arguments over estates are slow and expensive. A short meeting with a lawyer usually costs far less than fixing a problem later.

What if my situation changes?

Review your will whenever something important changes: marriage, separation, divorce, a new child, a new partner, buying property or moving overseas. In some places marriage or divorce cancels all or part of an existing will automatically. A quick review every few years keeps it working the way you intend.

What else should I sign at the same time?

Many people prepare two other documents alongside their will. A power of attorney lets someone you trust manage your money if you can’t. A health care or guardianship document lets someone make medical decisions for you. Neither costs much, and both avoid court applications if you become unwell.

How long does it take?

A simple will usually takes one meeting to plan and a second short meeting to sign. We give you a fixed quote before we start, and we keep a safe copy of the signed original.

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