Why Every Mum Needs a Will — Not 'One Day', Right Now

Let's be clear about something. A Will isn't a morbid document. It isn't about giving up or inviting bad luck. It is, quite simply, the most powerful act of love and protection you can put in place for your children right now. And if you've been putting it off, you're not alone — but you are taking a risk your family can't afford.

According to NSW Trustee & Guardian, approximately 30% of estates in NSW are left intestate — that is, without a valid Will. For a State of nearly eight million people, that's an extraordinary number. And behind every one of those statistics is a family left scrambling at the worst possible time.

What Actually Happens If You Don't Have a Will?

When someone dies without a Will in New South Wales, the Succession Act 2006 (NSW) takes over. Courts and government administrators step in to determine who receives what — and it may bear no resemblance to your wishes.

Here's what that can mean in practice:

• Your de facto partner may receive less than you intended — or face costly legal proceedings to claim their entitlement
• If you have children from a previous relationship, assets may not flow where you'd expect — especially in blended family situations
• Your children's guardian — the person who will raise them — is decided by a court, not by you
• The administration of your estate can take months longer, costing significantly more in legal fees
• Cherished personal items, sentimental heirlooms, and specific gifts to people you love go unrecognised
• Your beneficiaries may face unnecessary stress, delay, and even legal disputes

This isn't a worst-case scenario. It's what happens by default when there's no Will. For a deeper look at how intestacy law works, read our guide on dying without a Will in Australia.

The Guardian Question: Who Raises Your Children If You're Gone?

For mothers, this is often the question that finally prompts action — and rightly so. If you have children under 18 and you die without a Will, no document exists to record your wishes about who should care for them.

The court will make that decision. They'll consider what's in the best interests of the children, speak to family members, and assess circumstances. But they won't know what you knew — that your sister is the most nurturing person in your children's lives, or that your parents, though loving, may not be in the best health to take on the role. You do. Only your Will can reflect that.

Your Will allows you to nominate a guardian of your choosing. It doesn't guarantee that appointment — the court retains discretion — but it carries enormous weight. It is your voice in the room when you can no longer be there. For more on this topic, read our article why every mum needs an estate plan.

You Don't Need to Be Wealthy to Need a Will

One of the most persistent myths in estate planning is that Wills are for wealthy people. They're not. If you own any of the following, you need a Will:

• A property, even if it's mortgaged
• A superannuation fund — noting that super generally doesn't flow through your Will automatically, but your Will interacts with your overall estate plan
• Life insurance policies
• A car, jewellery, or personal possessions you'd like to go to specific people
• A joint bank account or savings
• Children or other dependants you'd like to provide for
• Digital assets including cryptocurrency, online business accounts, or subscription services with value
• A business interest or company shares — read more about why Wills matter for company directors and shareholders
• Assets held overseas — different rules may apply to international assets

If you ticked even one of those boxes, you have an estate — and your estate needs a plan. For a practical starting point, our estate planning conversations guide can help you think through what matters most.

What Makes a Will Legally Valid?

In New South Wales, for a Will to be legally valid under the Succession Act 2006 (NSW), it must:

1. Be in writing
2. Be signed by the person making the Will (the testator), who must be aged 18 or over — or married
3. Be signed in the presence of two adult witnesses present at the same time
4. Be signed by both witnesses in the presence of the testator
5. Be made by a person of sound mind — known as testamentary capacity

Those witnesses cannot be beneficiaries of your Will — or married to a beneficiary. Getting this wrong can invalidate specific gifts or, in some circumstances, the entire document. This is why DIY Wills, online templates, and handwritten documents carry real risk. The words matter. The structure matters. A document that doesn't comply with the requirements is no Will at all.

When Should You Update Your Will?

A Will isn't a 'set and forget' document. Life changes — and so should your estate plan. In NSW, certain life events can affect the legal validity of your existing Will. You should review and update your Will when:

• You marry — marriage generally revokes a previous Will unless it was made in contemplation of that marriage
• You separate or divorce — separation changes how your Will operates; divorce revokes gifts to a former spouse but separation alone does not
• You have a child — or another child enters your family
• A beneficiary or executor named in your Will dies
• Your financial situation changes significantly — a property purchase, inheritance, or business acquisition
• Your relationship with someone named in your Will changes
• You acquire assets overseas — international assets require careful planning

As a general rule, reviewing your Will every two to three years is sound practice — and immediately following any major life event. Not sure if your Will is still fair or fit for purpose? Our article on whether your Will is fair is a helpful place to start.

What Can a Well-Drafted Will Include?

A professionally drafted Will is far more than a list of who gets what. Working with an experienced estate planning lawyer, your Will becomes a comprehensive document that can include:

• Clear distribution of assets to named beneficiaries
• Appointment of an executor — the person responsible for administering your estate
• Appointment of a guardian for your minor children
• Testamentary trust provisions to protect a child's inheritance from tax, divorce, or mismanagement
• Specific gifts of personal items and sentimental belongings
• Charitable donations
• Guidance on funeral and burial wishes
• Instructions regarding digital assets and online accounts
• Provisions for blended family situations
• Clauses that address the risk of someone contesting your Will

What to Bring to Your Will Consultation

If you're ready to take the next step — and we hope you are — here's what to think about before your appointment. The more prepared you are, the more you'll get from the time with your lawyer. Our estate planning guide covers the key questions in detail, but as a starting point:

• A list of your assets: property, super, savings, insurance, investments, vehicles, valuables
• Details of any debts or liabilities
• Who you'd like to benefit from your estate — and in what proportions
• Who you trust to act as your executor
• If you have children under 18, who you would appoint as guardian
• Any specific gifts you'd like to make
• Any concerns about complex family circumstances — including blended families, estranged relatives, or a child with specific needs

The Difference Between Peace of Mind and Paperwork

There's something quietly significant that happens when a mother sits down with a lawyer and completes her Will. It's not about paperwork. It's about clarity — the knowledge that her family will be looked after, that her wishes will be honoured, that the people and things she cares most about are protected.

That clarity is worth every hour of the process. And the process itself, with the right legal support, doesn't need to be complicated or intimidating. The average consultation to discuss and draft a Will takes a couple of hours. The document lasts a lifetime.

There's no perfect time to write your Will. There's only now — when your children still need you, when your assets still need protecting, when you still have the chance to do it on your terms. If you're not sure where to start, our guide to legal documents every adult should have is a helpful overview.

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Frequently Asked Questions

What happens if you die without a Will in Australia?

If you die without a Will you are said to have died intestate. Intestacy laws in your state or territory apply, and a court or government administrator determines who receives your assets — which may not reflect your wishes. Your children's guardian is also decided by a court. Approximately 30% of NSW estates are left intestate, according to NSW Trustee & Guardian. Read more in our guide on dying without a Will.

Who can I appoint as guardian for my children in my Will?

In your Will you can nominate any trusted adult as guardian for your children under 18. The court retains discretion but your nomination carries significant weight. Without a Will, no such record exists and the court must decide entirely without your input.

What makes a Will legally valid?

A valid Will must be in writing, signed by the testator (aged 18+), signed in the presence of two adult witnesses present at the same time, with both witnesses also signing in the testator's presence. Witnesses cannot be beneficiaries or married to a beneficiary. Requirements vary slightly between states and territories.

When should I update my Will?

Update your Will after marriage (which can revoke a previous Will), separation or divorce, the birth of a child, the death of a named beneficiary or executor, or a significant change in your financial circumstances. A review every two to three years is also recommended.

Do I need a Will if I don't have much money or property?

Yes. Anyone with assets, dependants, or specific wishes about who should care for their children needs a Will. If you own property, have superannuation, life insurance, a vehicle, savings, or children — you have an estate. Estate planning is for everyone, not just the wealthy.

General information only. This article is prepared by Copeland Estates Legal for general informational purposes and does not constitute legal advice. Laws and individual circumstances vary between states and territories. Please contact our office to obtain advice specific to your situation.  ·  copelandlegal.com.au