Wills & Estates

If you die without a Will, your family doesn't simply get to decide who receives what. The law steps in. But the exact outcome depends on the law applying in your state or territory — and it may not be the plan you would have chosen.

You've made a Will and written down who should receive your money. But there may be one significant asset your Will doesn't automatically control — your super. A super death benefit may include the account balance and any insurance held through super, and who receives it depends on superannuation law, your fund's rules and any valid beneficiary nomination.

Your Will might still be sitting safely in the drawer. But does it still match your life? An older Will does not necessarily stop being valid simply because time has passed, but changes in your family, relationships, executor, beneficiaries or assets can mean it deserves a proper review.

You have written down whether you want to be buried or cremated, the music you would like and perhaps even the kind of funeral you want. But does putting those wishes in your Will mean they will actually happen? The legal authority to arrange a funeral generally sits with your executor, and the rules differ between Australian states and territories.

Not finding the original Will does not automatically mean there is no valid Will. Keep searching, and keep any copy you find — but whether a copy can be relied on is a legal question that differs between states and territories.