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Do I Need a Will in NSW? What Happens If You Die Without One

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When Do You Need a Will?

By Amy Dench and Koreen Partridge

A will is a legal document that sets out how you want your assets distributed when you die. Without one, you die “intestate” — and the Court appoints an administrator who distributes your estate according to fixed rules that may have nothing to do with your wishes. Your assets may not go to the people you intended, and the process can put unnecessary strain on your loved ones at an already difficult time.

CLS Legal has been advising individuals and families in NSW since 2010.

Anyone over 18 can make a will. It may not be urgent for every young adult, but it becomes increasingly important as you start accumulating assets or building a family.

If you are married

If you die without a will, your spouse will likely inherit your assets — but “likely” is not certain. The Court still has the power to distribute your estate differently. And if you want to benefit anyone other than your spouse — parents, siblings, or children — you can only do that through a will.

If you have children

A will lets you decide whether your children inherit, how much they receive, and at what age they can access it. This matters even more if you have children from more than one relationship.

If your children are under 18, your will is also where you appoint a guardian to care for them if you pass away. Without that appointment, you have no say in who raises them.

Other important uses for a will

A will lets you account for things that might otherwise fall through the cracks:

  • Bequests to charities or organisations
  • Arrangements for pets
  • Superannuation: you can only make a binding superannuation death benefit nomination in favour of a spouse or dependant. If you want your super to pass to siblings, parents, or other loved ones, you need to address this in your will.

What If You Are Unmarried With No Children?

You still need a will if you have a positive net worth. Without one, you have no control over who receives your assets — whether that is your parents, siblings, or close friends. A will is the only way to ensure your estate goes where you want it to go.

What If Your Assets Are Relatively Minor?

It is still good practice to have a will. People often make a will and leave it unchanged for years, during which time they accumulate further assets. A will already in place means any assets you acquire later will be dealt with according to your wishes rather than the default intestacy rules.

There is also a practical reason: some institutions — including banks — require Probate before releasing funds. If you have a will, your appointed executor can apply for Probate in a far more straightforward way than if there is no will at all.

How a Solicitor Can Help You Make a Valid Will

Making a will involves important decisions and formal legal requirements. If either is overlooked, the will may be invalid. A solicitor can guide you through both.

If you are unsure where to start, our team is available now — call (02) 9279 0919.

Specifically, a solicitor can assist with:

  1. Ensuring your will is properly drafted, signed, and witnessed
  2. Advising you on how best to provide for your spouse, children, or other dependants
  3. Advising you on how to protect your assets and minimise capital gains tax
  4. Helping you choose an appropriate executor for your estate

What If Your Existing Will No Longer Reflects Your Circumstances?

Update your will whenever your circumstances change significantly. Key triggers include:

  • Marriage: Getting married after making a will automatically invalidates that will, unless it was made in contemplation of the marriage. This is one of the most common and avoidable problems.
  • Relationship breakdown: A separation or divorce changes who should benefit from your estate.
  • Death of a family member: If a beneficiary or executor dies, your will may need to be revised.

You should also review your will periodically — even without a major life event — to confirm your assets are still being distributed as you intend and that all significant assets are accounted for.

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Speak to CLS Legal About Your Will

Our estate planning team can assist you with:

  • Drafting a new will that is valid and reflects your current wishes
  • Reviewing and updating an existing will after a life change
  • Advising on superannuation nominations and estate planning strategy
  • Appointing guardians for minor children and choosing appropriate executors

Call (02) 9279 0919 or request a consultation.

FAQs About Wills and Estates in NSW

A will is a legal document that records how you want your assets distributed after you die. Without one, NSW intestacy laws determine the outcome — and the result may not match your wishes.

Not directly. You can only make a binding superannuation death benefit nomination in favour of a spouse or dependant. To direct super proceeds to other loved ones — such as siblings or parents — you need to address this through your will and estate planning strategy.