A will is a legally binding document that sets out how your assets and personal matters are handled after you die. Wills are not just for the wealthy or elderly; they are practical decision documents for any adult who wants control over what happens to their estate. For young Australians aged 18 to 30, having a valid will means your property, money, and personal wishes are protected, and the people you care about are not left dealing with legal uncertainty during an already difficult time. This article covers what goes into a will, the legal requirements for making one in Victoria, the risks of dying without one, how to update your will as life changes, and how to handle disputes.
What do wills for young Australians actually include?
A will covers more than just who gets your money. Victoria Legal Aid confirms that a will can set out instructions for property, cash, investments, personal possessions, remains, organ donation preferences, and guardianship of children. That range makes a will relevant to anyone with assets, relationships, or responsibilities, not just retirees with large estates.
Anyone over 18 in Victoria can make a will, provided they have the mental capacity to understand what they are doing. People under 18 can only make a will if they are married or a court orders it. Mental capacity means you understand the nature of a will, the extent of your assets, and who has a reasonable claim on your estate.
One critical point that surprises many young adults: some assets bypass your will entirely. Jointly held property, superannuation, and life insurance policies pass outside your estate through their own rules. Your will cannot override a superannuation fund’s binding death benefit nomination. This means estate planning for young Australians must address both your will and these non-estate assets separately.
Legal requirements for a valid will in Victoria
A will must meet strict formal requirements to be legally valid. Improper witnessing or signature timing is the leading cause of will invalidity, particularly among younger, inexperienced drafters. The consequences of getting this wrong are serious: a court may treat the document as invalid and apply intestacy rules instead.
The key execution requirements are:
- The willmaker must sign the will in the presence of two witnesses.
- Both witnesses must be present at the same time when the willmaker signs.
- Witnesses should not be beneficiaries under the will, as this can create complications.
- The willmaker must have mental capacity at the time of signing.
- The will must be in writing.
Pro Tip: Store your original signed will with a solicitor or in a secure location like a bank safe deposit box. Tell your executor exactly where it is. A will that cannot be found is treated as if it does not exist.
What happens if you die without a will in Australia?
Dying without a valid will is called dying intestate. Under intestacy laws in Victoria, the court appoints an administrator to manage your estate, and your assets are distributed according to a fixed legal formula, not your personal wishes. That formula may produce outcomes you would never have chosen.
For young Australians, intestacy creates specific risks:
- A de facto partner may receive less than you intended, or nothing, depending on the length of the relationship and how it is assessed.
- Estranged family members may inherit assets you would have directed elsewhere.
- Close friends receive nothing under intestacy rules, regardless of your relationship.
- Guardianship of children is not addressed, leaving the court to decide.
- The administration process takes longer and costs more without a nominated executor.
“Wills allow young people to protect non-traditional family structures and complicated asset scenarios that intestacy laws simply cannot address.” — Mondaq, Think You Are Too Young For a Will? Think Again
Choosing a reliable executor is one of the most important decisions in will planning. Without one, the court steps in and appoints an administrator, which adds delay and removes your family’s control over the process. For a detailed explanation of how intestacy works in practice, the guide on dying without a will covers the key rules and consequences.
How and when should you update your will?
A will is not a set-and-forget document. Regular reviews are necessary because life circumstances change, and an outdated will can be just as problematic as no will at all. Common triggers for updating your will include buying property, entering or ending a relationship, having children, or receiving a significant inheritance.
The correct way to change a will is to either create a new will or execute a formal codicil. A codicil is a separate document that amends specific parts of an existing will. Both require the same formal execution requirements as the original will.
Hand-written alterations made after signing are generally ineffective. Crossing out a clause or writing a new instruction in the margin does not create a valid change. Courts treat these alterations with suspicion, and they can create ambiguity that leads to disputes.
Key life events that should trigger a will review:
- Marriage or divorce (marriage revokes a previous will in most Australian states)
- Birth or adoption of a child
- Purchasing property or significant assets
- Death of a named beneficiary or executor
- Moving interstate or overseas for an extended period
Pro Tip: Review your will every two to three years even if nothing major has changed. Tax laws, superannuation rules, and family circumstances shift gradually. A quick review with a solicitor keeps your will current without significant cost.
Can a will be contested, and how do you reduce that risk?
A will can be contested on several grounds. Under Victorian legislation, the main grounds include improper execution, lack of mental capacity at the time of signing, undue influence or coercion, and family provision claims where an eligible person argues they were not adequately provided for. Each ground requires evidence, and the process can be costly and time-consuming for everyone involved.
Young adults with blended families, estranged relatives, or significant assets face a higher risk of disputes. A clearly drafted, properly executed will reduces that risk considerably. Vague language, unclear beneficiary descriptions, and informal documents create the gaps that disputes fall into.
Practical steps to reduce the chance of a contested will:
- Use precise language when describing beneficiaries and assets.
- Choose an executor who is trustworthy, organised, and willing to act.
- Tell your executor and key family members about the will’s existence and location.
- Consider a testamentary trust if you have complex assets or beneficiaries with special needs.
- Seek legal advice when drafting, rather than relying on a generic template.
If a dispute does arise, understanding the grounds for contesting a will is the first step toward protecting your interests or those of your estate.
Practical steps to create your will with confidence
Getting started is simpler than most young Australians expect. The process does not require extensive assets or complicated family arrangements. What it requires is clarity about what you own, who you want to benefit, and who you trust to carry out your wishes.
Follow these steps to get your will in order:
- List your assets, including property, bank accounts, investments, vehicles, and valuable personal items.
- Identify which assets fall outside your will, such as superannuation and jointly held property, and address those separately.
- Choose an executor. This person will manage your estate, pay debts, and distribute assets. Pick someone reliable and willing.
- Decide on beneficiaries and what each person receives. Be specific.
- If you have children or dependants, nominate a guardian in your will.
- Engage a solicitor to draft and execute the will correctly. Online platforms like Safewill offer a starting point for straightforward situations, but complex circumstances benefit from professional legal advice.
- Store the original will safely and tell your executor where it is.
Early estate planning provides genuine peace of mind. It removes the burden from your family during a time of grief and prevents legal uncertainty from compounding an already difficult situation.
Pro Tip: If your situation involves a blended family, a business interest, or a beneficiary with a disability, ask your solicitor about a testamentary trust. It offers greater control over how and when assets are distributed, and it can provide tax advantages for beneficiaries.
Funding your legal matter — No Win, No Fee
Simons George Legal offers No Win, No Fee arrangements for eligible estate matters, including contested wills and family provision claims. Eligibility is assessed during a free initial 30-minute consultation, so there is no cost to find out where you stand.
This arrangement removes the upfront financial barrier for people with a legitimate claim. You do not need to fund the legal process out of pocket while the matter is unresolved. Simons George Legal assesses each case on its merits and provides honest advice about prospects before any costs agreement is signed.
To find out whether your matter qualifies, book a free case assessment with Simons George Legal today.
No Win, No Fee arrangements are subject to case eligibility and a written costs agreement. Liability limited by a scheme approved under Professional Standards Legislation.
Key takeaways
A valid, properly executed will is the single most effective tool a young Australian has to control what happens to their estate and protect the people they care about.
| Point | Details |
|---|---|
| Wills are for everyone | Any Australian over 18 with assets, relationships, or dependants needs a valid will. |
| Execution errors invalidate wills | Incorrect witnessing or signature timing is the leading cause of will invalidity in Australia. |
| Intestacy removes your control | Dying without a will means a court formula, not your wishes, determines who receives your estate. |
| Some assets bypass your will | Superannuation and jointly held property pass outside your estate and must be planned separately. |
| Update your will as life changes | Marriage, property purchase, and new children each require a will review to keep it current. |
Why I think young Australians underestimate the will question
From working with clients across Sydney, the most common thing I hear from young adults is some version of: “I don’t have enough to worry about yet.” That belief is the single biggest obstacle to good estate planning at this life stage.
The reality is that a will is not about the size of your estate. It is about who makes decisions when you cannot. I have seen situations where a young person’s superannuation, worth a significant sum, passed to an unintended recipient because no binding nomination existed and no will addressed the gap. The family had no recourse.
What strikes me most is how straightforward the solution is. A properly drafted will, executed correctly, takes a few hours of your time and a modest legal fee. The cost of not having one, measured in family stress, legal fees, and lost control, is far greater. Getting your will done is not a morbid exercise. It is one of the most considered things you can do for the people you care about.
— George
Simons George Legal can help you get your will right
Young Australians who want a will that actually works need more than a template. Simons George Legal, based in Bondi, specialises in wills and estates for individuals and families across Sydney.
Whether you are making your first will or updating an existing one after a major life change, Simons George Legal provides clear, honest advice tailored to your circumstances. The firm also handles contested matters, family provision claims, and complex estate disputes for clients who need more than straightforward drafting. New clients receive a complimentary 30-minute consultation to assess their situation and identify the right next steps. Reach out to Simons George Legal to book your free consultation and get your estate planning sorted.
FAQ
Who can make a will in Australia?
Any person aged 18 or over with mental capacity can make a valid will in Australia. People under 18 may make a will only if they are married or a court grants permission.
What happens if I die without a will in Victoria?
Your estate is distributed under intestacy laws, which follow a fixed legal formula. A court appoints an administrator, the process takes longer, and your personal wishes have no legal effect.
Can I write my own will without a lawyer?
You can, but errors in execution, such as incorrect witnessing, are the leading cause of will invalidity. A solicitor ensures the document meets all formal requirements and reflects your intentions clearly.
How often should I update my will?
Review your will every two to three years, and immediately after major life events such as marriage, divorce, buying property, or having children. Marriage revokes a previous will in most Australian states.
What assets does my will not cover?
Superannuation, jointly held property, and life insurance policies pass outside your estate and are not controlled by your will. These assets require separate nominations or ownership arrangements to direct them as you intend.