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Every adult should have a current will, yet many Australians delay putting one in place. A will is one of the simplest ways to protect your loved ones and ensure your wishes are followed. Without one, the law decides how your estate is distributed, which may not reflect your wishes.
Taking the time to create or update your will can provide clarity, reduce stress for your family and help ensure your estate is managed efficiently.
What Happens If You Don’t Have a Will?
If you die without a will, state intestacy laws determine who receives your estate. In simple situations this may align with your wishes, but life is rarely that straightforward.
Blended families, dependent children, ageing parents, business interests or SMSFs can create more complex outcomes. Without a will, the law follows a fixed formula to distribute your assets, which may not reflect your personal circumstances or intentions.
This can sometimes lead to unexpected outcomes for family members and may also create additional delays and legal processes during the administration of the estate.
The example below shows how intestacy laws may apply in New South Wales.
Typical Scenario (NSW Succession Act*)
Spouse only, no children
100 percent of the estate goes to the spouse.
Spouse and children
The spouse receives personal effects, the first $350,000 (indexed) and 50 percent of the remaining estate. The other 50 percent is divided among the children.
Children only
The estate is divided equally among the children.
Parents but no spouse or children
The estate passes to the surviving parent or parents.
No close relatives
The estate passes to the State Government.
Without a will, the law decides
Other states and territories have different formulas, but the principle is the same. Without a will, the law decides how your estate is distributed. Court processes can add months or even years to the administration of an estate. Legal fees may increase and the process can create additional stress for family members.
Five Key Benefits of Having or Updating a Will
Control Over Your Legacy: A will allows you to decide exactly who inherits your assets and in what proportions they are distributed. This may include family members, friends or charitable organisations.
Protection for Modern Families: Many families include step children, former partners or dependent parents. A tailored will helps ensure everyone you care about is considered and reduces the risk of disputes.
Faster and Simpler Estate Administration: A clear and valid will can streamline the probate process. This can reduce legal costs and help distribute assets more efficiently.
Flexibility as Life Changes: Major life events such as marriage, divorce, the birth of children, property purchases or business growth can affect your estate planning. Updating your will ensures it reflects your current circumstances.
A Simple and Affordable Process: With moneyGPS and LawOnline, creating or updating a will can take less than 30 minutes and can be completed entirely online.
How LawOnline Makes It Easy
Guided Digital Questionnaire
Answer simple questions about your family, assets and wishes. Helpful guidance is provided throughout the process.
Instant Personalised Document
Your completed will is generated instantly and drafted to meet Australian legal requirements.
Clear Signing Instructions
Step by step instructions help ensure the document is signed and witnessed correctly.
Private and Secure
Your information remains confidential and you decide where the signed document is stored.
Update When Your Circumstances Change
You can log in anytime to update beneficiaries or provisions if your circumstances change.
Create or Update Your Will Today
Creating a will does not need to be complicated or time consuming. Through the moneyGPS platform and LawOnline, you can create or update a legally valid will online in around 30 minutes.
To get started, create your account on the moneyGPS platform. If you already have an account, simply log in to access the will creation tool. Once registered, you can complete the guided questionnaire that will help you document your wishes, outline your beneficiaries and generate your personalised will.
After completing the process, you can download your will, print it and follow the signing instructions to ensure it is executed correctly.
Taking this small step today can help protect your loved ones and provide confidence that your wishes will be respected in the future.
Service Provider Information
Some services referenced in this article may be provided through the default moneyGPS service providers. However, individual moneyGPS partners may use their own preferred service providers within their customised platform. If you are unsure which service providers apply to your account, please contact your accountant or financial adviser, or access the relevant services through your moneyGPS platform.
The information provided the writer was current at the time the article was produced - 02/2026.