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For many, the word Will still brings to mind something reserved for the elderly, the wealthy, or those facing serious illness. In reality, a Will is a powerful document that allows you to take control of how your assets, property, and personal affairs are managed and distributed after your death.
As a legal adult, whether you're 18, 25 or 75, you make decisions every day that carry legal and financial consequences. You enter contracts, purchase property, build savings, and form relationships with legal significance. Yet one of the most important legal decisions of all – what happens to your estate when you're gone – is often the one most people put off or leave at the bottom of their to-do list. If you don't have a valid Will, your assets are distributed according to state-based laws which may not be in accordance with your wishes.
Making a Will at any age is about more than just preparing for the worst – it's about peace of mind and having control over your choices. Whether you're just starting your career, raising a family, or focused on your next chapter, it's never too early to protect what you are building and decide what you want to happen after you pass away.
Why You Need a Will, No Matter Your Age
1. You Decide What Happens
If you pass away without a valid Will (known as dying intestate), the law in Victoria steps in and decides what happens to your estate. The Court will appoint an administrator to manage and distribute your assets in accordance with the rules of intestacy. Although these rules are designed to deal with common family situations, they cannot account for the nuances of your relationships, family dynamics, or personal wishes. Without a Will, you lose the ability to choose who inherits your assets and who will be responsible for administering your estate.
Creating a properly drafted Will gives you back that control – allowing you to determine exactly how your estate should be distributed and ensuring your intentions are respected.
2. Your Wealth Doesn't Have to Be Vast to have a Will
A common misconception is that Wills are only necessary for those with significant wealth. In reality, a Will is essential for anyone who owns anything or has people who rely on them. Even in your 20s or 30s, you may have more to protect than you realise.
Your estate can include savings, insurance benefits, vehicles, sentimental personal items, and an increasing number of digital assets such as online accounts or cryptocurrency. For most Australians, superannuation is also one of their largest assets, but it's important to understand that superannuation does not automatically form part of your estate or follow the instructions in your Will. Instead, your super fund's trustee decides who receives your super death benefit, unless you have a valid Binding Death Benefit Nomination in place.
Importantly, a Will goes beyond distributing money or assets. It allows you to make thoughtful and legally recognised decisions about the people, responsibilities and wishes that matter most. For example:
- Appoint guardians for your children
- Nominate who will care for your pets
- Set out how a business should continue or be transferred.
A properly drafted Will ensures these decisions reflect your intentions — not default legal rules — and gives you and your loved ones peace of mind.
3. You Choose Your Executor
Under your Will, you appoint an executor – the person or persons you trust to carry out your wishes after you're gone. Your executor is responsible for, for example:
- Representing and upholding your intentions
- Identifying, securing and protecting your assets
- Communicating with beneficiaries and managing the estate process.
Because the role carries significant responsibility, it's important to choose someone reliable, organised, and capable of handling both practical and emotional demands. If you do not have a valid Will, or your Will does not name a suitable executor, the Court will appoint an administrator to manage your estate instead — and the key difference is that an executor is chosen by you to follow your wishes, while an administrator is appointed by the Court to distribute your estate under intestacy laws.
4. Express Your Values
A Will is more than a legal document – it's a way to leave a legacy that reflects your values, relationships and what truly matters most to you. Whether that's gifting something to a friend, supporting a cause by making a charitable donation, passing down treasured personal items or expressing funeral wishes. Without a Will, intestacy rules decide for you, which may lead to outcomes very different from what you had intended.
5. A Starting Point That Can Grow With You
Creating a Will early doesn't mean you're locked into a set of decisions forever. Life changes – your relationships, career, and financial situation will shift over time – and your Will can change with them. In fact, it should evolve as your life does. Having a Will gives you a strong foundation that you can update whenever your circumstances or wishes change.
6. Especially Important for Young People Today
Having a Will is important for everyone over 18 — not just those with significant assets. Modern life brings complexities such as blended families, digital assets, superannuation arrangements, and businesses, meaning your estate may be more complicated than you think. A Will allows you to choose who manages your estate, how your assets are distributed, and who is cared for, giving you clarity and peace of mind.
If you pass away without a Will, the law decides how your estate is distributed, which may not align with your wishes. It also means the Court must appoint an administrator, adding delays, extra legal costs, and more stress for your loved ones. Creating a Will early provides a solid foundation that you can update as your life and circumstances evolve.
If you wish to discuss making a Will or have any questions about estate planning, please do not hesitate to contact Michael Bishop or Jess Tomlinson of our Wills and Estates team.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
