Most people associate wills with old age. But in New South Wales, waiting until the grey hairs come through could leave your loved ones in a legal maze, fighting over your estate or struggling to make decisions on your behalf.
Wills aren’t just about death. They’re about control, clarity and care, giving those you love the ability to honour your wishes without stress, uncertainty or court battles.
So when should you make a will? Let’s walk through the critical life moments where a will isn’t just a good idea, it’s essential.
Legal Framing: Why a Will Matters Under NSW Law
In NSW, a legally valid will is a formal document governed by the Succession Act 2006 (NSW). It allows you to:
- Appoint executors to manage your estate
- Decide how your property, money and belongings will be distributed
- Nominate guardians for minor children
- Include specific gifts or charitable donations
- Express your wishes around funeral or burial preferences
Without a valid will, your estate is dealt with under intestacy laws, which may
- Distribute your assets in a way you wouldn’t have wanted
- Exclude stepchildren, close friends or de facto partners without legal status
- Lead to family disputes and drawn-out court processes
- Leave no nominated guardian for your children
Wills aren’t only for the elderly or wealthy. They’re for anyone with people they care about, property they own, or a plan they want honoured.
When Should You Make a Will in NSW?
Below are the most common and crucial times to make or update your will in NSW.
1. Turning 18 or Gaining Legal Capacity
In NSW, you can make a will from age 18, or earlier if you’re married or have court approval. If you’re legally capable and have any assets or wishes about how things should be handled if you pass, it’s not too early.
Pro tip: Even a simple will is better than none. A professionally drafted will ensures it holds up in court and covers contingencies.
2. Starting or Ending a Relationship
Getting married revokes any existing will unless it’s explicitly made in contemplation of marriage. This means your will could become invalid without you realising it.
Similarly, divorce nullifies provisions for your former spouse but not the rest of your will. This could lead to messy scenarios if updates aren’t made.
Pro tip:
Create or update your will before or immediately after marriage, separation or divorce
Don’t assume your partner will automatically get everything. De facto partners often face legal challenges without formal documentation
3. Buying a Home or Other Major Assets
Property is often the biggest asset in your estate. Whether it’s your first apartment in the Inner West or an investment property in Parramatta, it needs to be accounted for.
Also consider superannuation and life insurance, which don’t automatically pass through a will unless your nominations are set up properly.
Pro tip:
Name specific property in your will if you want it to go to a particular person
Review your will every time your financial position significantly changes
4. Having Children or Grandchildren
If you’ve got dependents, a will is essential. Without one, a court will decide who raises your children, where they live, and who manages their inheritance, all without your voice in the process.
Pro tip:
Appoint a guardian for your children in your will
Set up testamentary trusts to control how and when they receive assets
5. Inheriting Money or Receiving a Payout
If you’ve come into a large inheritance, won a settlement, or sold a business, you’ve probably increased your estate’s value dramatically.
Pro tip:
Update your will to reflect new assets
Consider tax-effective structures to protect and pass on your wealth
6. Health Changes or Diagnosis
If you’ve been diagnosed with a serious illness, undergoing surgery, or are in high-risk work such as construction or frontline emergency roles, a will brings peace of mind.
Pro tip:
Consider preparing an Enduring Power of Attorney and Appointment of Enduring Guardian alongside your will to cover financial and health decisions while alive
7. Retirement or Estate Planning
Even if you’ve had a will for years, retirement is a perfect time to review your estate plan. Are your beneficiaries still correct? Has the law changed? Are you holding assets in family trusts or SMSFs?
Pro tip:
Schedule an estate planning consultation with a solicitor to ensure your will reflects your current wishes, asset structure, and family dynamics
What Happens if You Don’t Make a Will?
If you die intestate in NSW, your estate is distributed under a set legal formula, which may not reflect your actual wishes. Some potential outcomes include
- Your spouse may not receive all of your estate
- Stepchildren or non-biological children may get nothing
- A court may choose a guardian for your kids
- Long court delays and expensive administration fees
A will simplifies everything. It avoids family conflict, ensures your wishes are honoured, and helps your loved ones grieve without additional stress.
Strategic Insights: What Most People Miss
Wills are not set and forget
Review your will every 3 to 5 years, or any time a major life change occurs
Online DIY kits often fail
Many low-cost will templates are invalid or unclear under NSW law, especially if challenged in court. We’ve seen families spend thousands disputing vague wording
Blended families need careful planning
If you have children from a prior relationship, ensure they are protected while still supporting a current spouse or partner. Testamentary trusts or mutual wills may be appropriate
Superannuation is separate
You need to make binding death benefit nominations directly with your super fund for it to go to your intended beneficiary
How Green & Associates Can Help
At Green & Associates, we don’t just draft wills. We build lifelong estate strategies for Sydney residents
- Custom wills drafted by experienced estate lawyers
- Powers of attorney and guardianship documents
- Testamentary trusts and tax-effective estate planning
- Contested will defence and probate support
We offer fixed-fee packages and free consultations to get started. Whether it’s your first will or a long-overdue update, now is the right time
Contact us today to arrange a confidential estate planning appointment.
