A will is the foundation of any effective estate plan. It sets out how your assets are to be dealt with after your death, who is responsible for administering your estate, and who you want to benefit.
Without a properly drafted will, your estate is distributed according to intestacy laws, often leading to delay, additional cost, and outcomes that do not reflect your intentions.
At Thornton + King, our Wills & Estates team prepares clear, legally robust wills that are tailored to each client’s personal, family, and financial circumstances.
What is a will?
A will is a legal document that:
Appoints an executor to administer your estate
Sets out how your assets are to be distributed
Can establish testamentary trusts
Appoints guardians for minor children
Provides directions for the management of debts and liabilities
To be valid, a will must comply with strict legal requirements. Informal or incorrectly executed documents frequently give rise to disputes and court challenges.
Why having a will matters
Having a properly drafted will:
Gives you control over who inherits your estate
Reduces the risk of disputes between family members
Speeds up the estate administration process
Minimises legal costs and delays
Allows you to plan for contingencies and changing circumstances
A will is not just for people with significant wealth. Anyone who owns assets, has dependants, or wants certainty about their affairs should have one.
When should you update your will?
A will should be reviewed whenever there is a significant change in circumstances, including:
Marriage or entering a de facto relationship
Separation or divorce
The birth of children or grandchildren
Acquiring or selling property or a business
Changes to superannuation or investment structures
Death of an executor or beneficiary
Outdated wills are a common cause of unintended outcomes.
Wills for complex family and financial arrangements
Many estates require more than a simple will. We regularly advise clients with:
Blended families or second relationships
Minor or vulnerable beneficiaries
Family businesses or trust structures
Significant property or investment portfolios
Asset protection or tax planning objectives
In appropriate cases, a will can incorporate testamentary discretionary trusts to provide greater flexibility, control, and protection after death.
Common mistakes we see
Issues often arise where:
Online or DIY wills are used
Templates are not adapted to the client’s circumstances
Executors are poorly chosen
Superannuation and estate planning are not aligned
The will is not properly signed or witnessed
These problems usually only surface after death, when they are difficult and expensive to fix.
Our approach
We focus on practical, plain-English advice. Our wills process typically includes:
Understanding your family dynamics and objectives
Advising on appropriate executors and guardians
Identifying risks of dispute or challenge
Drafting a will that is clear, enforceable, and future-focused
Where needed, we work alongside accountants and financial advisers to ensure your estate plan operates as intended.
Speak to an experienced wills lawyer
A well-drafted will provides certainty and peace of mind for you and those you leave behind. If you need a new will, or your circumstances have changed, our specialist Wills & Estates lawyers can help. Give us a call or submit an enquiry now.
