Writing a will isn’t at the top of anyone’s list, but I’m hoping to change that. Please note that I am providing basic information on writing a will that is current in Australia at the time of writing; I am not giving advice or a professional opinion. I always urge readers to speak with legal, medical, and financial professionals about their end-of-life matters.
Why some people aren’t interested in writing a will
Two people in a week told me they hadn’t bothered writing a will because they had no one to leave anything to; another told me that ‘they didn’t have much, so it’s not worth writing one’ and others have said they don’t care what happens because, well, they’ll be gone.
Every single item you leave behind becomes someone else’s problem. As a funeral celebrant, I’ve seen too often the distress of those left behind with a mess to clean up in their time of grief, and too many families torn apart because of how a will was written.
What happens if you don’t have a will?
In Australia, the best place to find information on dying ‘intestate’ (without a will) is the Public Trustee and Guardian website (there’s one in each state and territory) for example, in New South Wales you would access: www.nsw.tag.nsw.gov.au to find details about what happens when someone dies without having written a legal will (note: a scrawl on a serviette with a thumbprint in wine is not legally binding).
According to that website, “when a person dies without a will in New South Wales… an application is made to the Supreme Court seeking the court’s formal approval for someone to administer the estate… That appointed administrator is responsible for identifying, locating and gathering written proof confirming relatives (anywhere in Australia or overseas) that are entitled to a share of a person’s estate. It’s a major task in most cases and can take months, sometimes years to complete. If this process is rushed and a beneficiary is overlooked, the beneficiaries who have received a share may need to return part of their entitlement… Inheritors are grouped into categories and must follow a set order: a surviving spouse first, followed by children, and then grandchildren. If none of these exist, your assets could go to your parents, grandparents, siblings, nephews, nieces, aunts and uncles and first cousins. If there are none of these, the State Government gets your estate. (Check out the detailed table on the website).
Are you still with me? It’s exhausting just researching and writing this, so imagine what it would be like for those you love to have to go through all of this in their time of grief!
How do I go about writing a will?
Depending on how intricate your estate is, you can have a lawyer or the Trustee and Guardian oversee the writing of a will, or some people with uncomplicated or small estates choose to buy a Will Kit at Australia Post or online. I always recommend you seek professional advice, especially if you have a blended or estranged family, properties, trusts, a business, or company. Also, estate lawyers have seen it all and they can help you identify potential issues that could trigger someone contesting your Will or start family feuds.
I have chosen my Executor/s; have written my will; and ensured it is signed and witnessed correctly, and my Executor knows where copies of it are kept for easy access.
I read through my last will and testament at the beginning of each year to make sure there are no changes to my life circumstances that might need to be reflected. (Please do this after significant life events, for example, divorce, marriage, sale or purchases of real estate, business/company changes, retirement, etc, and destroy any out-of-date versions.)
I have made lists of groups that might find some of my items of value – theatre companies for costumes; art groups for canvases and equipment etc. I have written names on stickers on specific items in my home (books, ornaments, keepsakes, etc) and have started to give away items to my friends now, which gives me great joy.
And no, I’m not expecting to die soon (but who knows?), nor do I think I’m drawing the Grim Reaper’s attention by doing this. I just want to leave as little mess as I can for those whom I love the most.
Some useful links:
This Carers’ Circle article from Shanna provides tips on dealing with grief at Christmas (useful throughout the year) – https://carerscircle.com.au/2024/12/19/dealing-with-grief-at-christmas/
Carers’ Circle on learning to talk about death – intro – https://carerscircle.com.au/2020/10/16/learning-to-talk-about-death-intro/
Carers’ Circle on a guide to death processes – what happens when someone dies? – https://carerscircle.com.au/2022/03/16/death-processes/
Checkout Shanna Provost’s other articles on her website here – https://rest-easy.com.au/author/shanna/
The Good Death Impact Network – a group of changemakers trying to improve death outcomes in Australia (Shanna and our Founder Michelle are members) – https://www.gdin.com.au/
QLD Public Trustee – https://www.pt.qld.gov.au/
WA Public Trustee – https://www.wa.gov.au/organisation/department-of-justice/public-trustee
SA Public Trustee – https://www.publictrustee.sa.gov.au/
VIC Public Trustee – https://prov.vic.gov.au/archive/VA719
ACT Public Trustee – https://www.ptg.act.gov.au/
NSW Public Trustee – https://www.nsw.gov.au/departments-and-agencies/trustee-guardian
TAS Public Trustee – https://www.publictrustee.tas.gov.au/
NT Public Trustee – https://nt.gov.au/law/processes/public-trustee-of-the-nt
Photo credit to “A Man in White Shirt is Sitting Beside an Elderly Man” from Pexels.
