Common Myths About Wills - Busted!

Many people delay preparing a Will because of common misunderstandings. These myths can leave families unprotected and estates tied up in disputes. Here are five myths about Wills—busted once and for all:

🔹 Myth 1: “I’m too young to need a Will.”

It’s a common belief that Wills are only for retirees or people with significant wealth, but the reality is that any adult can benefit from having one. If you’re over 18, a Will is your chance to decide who will inherit your belongings, no matter their value. Even if you don’t own property, you might have superannuation, a car, personal items, or sentimental keepsakes you’d like to go to specific people.

A Will is also especially important if you have children or dependents. It lets you nominate a guardian to care for them if something happens to you. Without a Will, these crucial decisions are left to the law or a court to decide.

🔹 Myth 2: “My spouse automatically gets everything.”

Many people assume their husband or wife will simply inherit the entire estate, but intestacy laws (the rules that apply when there is no Will) often divide the estate between a spouse and children. In Western Australia, this can mean your spouse receives a statutory share of your estate, with the rest going to children, even if they are minors. This may create unintended financial hardship or disputes, particularly in blended families.

Having a valid Will allows you to specify exactly what your spouse should receive and in what proportions. This not only provides clarity but can help avoid costly legal disagreements among family members.

🔹 Myth 3: “I don’t have enough assets to bother making a Will.”

A Will isn’t just about distributing large sums of money or property. It’s a document that can cover a range of practical matters—like who will handle your affairs, how your personal items will be passed on, and what your wishes are for your funeral or memorial. Even smaller estates can create confusion if no clear instructions are left behind.

Your Will also enables you to protect sentimental assets—like jewellery, photos, or family heirlooms—and ensure they go to the right people. Many families experience unnecessary conflict over personal items that could have been addressed with clear instructions.

🔹 Myth 4: “I’ve told my family my wishes, so I don’t need a Will.”

Conversations with loved ones about your wishes are helpful, but unfortunately, they aren’t legally binding. When there is no Will, your estate must still be administered under intestacy laws, regardless of any promises or discussions you’ve had.

Writing a Will ensures your intentions are formally documented and can be relied upon in court. It can also help reduce the stress and uncertainty your family may face during an already difficult time.

🔹 Myth 5: “Once I write my Will, I never need to think about it again.”

Life is constantly changing—relationships evolve, families grow, and finances shift. A Will that was perfect a decade ago may be out of date now. For example, marriage can revoke a Will in many cases, and separation or divorce may affect how your estate is distributed.

It’s a good idea to review your Will regularly, especially after major life events like marriage, divorce, the birth of children or grandchildren, or the acquisition of significant assets. At Estate Essentials, we make it easy to update your Will as your life changes.

Preparing a Will is one of the most important steps you can take to protect the people and causes you care about. At Estate Essentials, we offer practical, affordable solutions to help you create a clear, legally compliant Will from the comfort of your home.

Ready to start planning? Click here to see our range of Will options or contact us to learn more.

Disclaimer: The information provided in this article is general in nature and does not constitute legal advice. Estate Essentials is not a law firm and does not provide legal services. While we strive to provide accurate and up-to-date information, it may not apply to your specific circumstances or address all potential issues. We strongly recommend consulting an independent legal professional to ensure your estate planning documents meet your unique requirements.