Written by: Yolandi Breedt – Updated 22/07/2025
Have you heard of Robert Holmes à Court? He was one of Australia’s most respected businessmen, known for his expertise in both law and finance. Robert became Australia’s first billionaire.
However, in 1990, at the age of 53, Robert suddenly passed away from myocardial infarction; a heart attack.
Prior to his tragic passing, Robert had taken steps to get his Will drawn up, and for years carried an unsigned Will with him.
Unfortunately, Robert never finalised his Will until it was too late. Settling his estate was a lengthy process that caused considerable emotional hardship for the family.
Even if your estate isn’t worth millions, you can still learn from this billionaire’s mistake.
But first, let’s look at what happens to your estate when you don’t have a valid Will.
What Happens If You Die Without A Will
When someone dies without a valid Will, it is referred to as dying ‘intestate‘. When this occurs, the estate is administered and distributed in accordance with the Succession Act 1981 and the Uniform Civil Procedure Rules (1999).
The next of kin takes on the role of administering the deceased’s estate and will act in the same way as an executor of a Will. They are responsible for ensuring the estate is distributed in accordance with the law, debts are paid and assets are collected.
Additionally, the next of kin will need to apply for a grant of letters of administration on intestacy before they can administer the estate.
The intestacy rules set out who benefits from the estate and in what proportions. This type of distribution can cause significant issues as the estate may be distributed in a matter that was not in line with your final wishes. Dying intestate creates uncertainty and can lead to disputes between family members.
6 Reasons Why You Need A Will
If you haven’t made a Will yet, here are six compelling reasons you may want to consider for why it’s worth doing sooner rather than later.
1. To appoint a guardian for your minor children
If one parent dies and the other survives, the surviving parent usually continues their parental responsibility, and no formal guardian appointment is required.
In Australia, a Will can include an appointment of a guardian for your minor children if both parents have passed away or the surviving parent is unfit or unavailable. This appointment is not automatically legally binding, but it is a strong indication of your wishes. Usually, this type of appointment will be given considerable weight by the Family Court or relevant state authority.
If someone dies without a Will or their Will does not appoint a guardian, the Queensland Court will consider applications from interested parties for a parenting or guardianship order.
2. To Decide How Your Assets Will Be Distributed
A Will lets you clearly state who should receive your assets after you pass away. It is a legally binding document that deals with all of your solely owned assets, including real property, money, shares, personal items and anything else you own.
By putting it in writing, you help avoid confusion, reduce the risk of disputes and ensure your final wishes are followed.
3. To Choose Who Looks After Your Estate
When you create a Will, you will appoint an executor. The executor manages your estate after your passing.
Your appointed executor is responsible for administering and distributing your estate. This includes paying outstanding debts and liabilities, notifying banks, gathering all estate assets and distributing funds to the beneficiaries.
It is important to appoint an executor who you trust and understands your testamentary wishes. You can appoint anyone in this role, it does not have to be a family member.
4. To Make Gifts and Donations
A Will allows you to make gifts and donations that reflect your values and interests, such as leaving money to a charity or supporting a cause you care about. These gifts can be a meaningful way to leave a legacy beyond your immediate family.
5. To Disinherit People Who Would Otherwise Have Inherited under the Intestacy Rules
Many people don’t realise that a Will also gives you the power to leave someone out if you choose. This means, unless someone contests your Will, only the people you’ve named will receive a share of your estate, and others won’t be included unless the law says otherwise.
6. To Reduce the Amount of Estate Tax Paid
A well-drafted Will can help structure your estate to reduce unnecessary costs, such as legal fees, taxes and delay.
At What Age Should I Get A Will?
In Queensland, you can execute a Will as soon as you are 18 years old. It’s very important to do if you own any assets, like a motor vehicle, savings, or property.
Even if you’re young, you may want to outline your funeral wishes or donate belongings to family members or a charity. This will make the process a lot easier for your family should you die unexpectedly.
When Do I Need to Update My Will?
There are a few major life events that may prompt you to review and potentially update your Will. These include:
- Getting married;
- Having a child or becoming a guardian;
- Your executor or beneficiary passes away;
- Your financial circumstances significantly change;
- Separating from or divorcing your partner.
If you are interested in having a will drafted for you or just want some more information, feel free to contact our professional Wills and Estates solicitors. We are happy to provide a free Will review to set you up for success.
Greenhalgh Pickard’s Wills & Estates Team
