Why is a Will important?
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Quick answer
A Will says who receives your money, property and belongings, who looks after your children under 18, and who manages your estate. Without a valid Will, your state's laws decide who inherits, which may not match your wishes and can make things harder for your family.
Writing a Will can feel like something for later, but a Will is really a gift to the people you love. It means they won't have to guess what you wanted at a very hard time.
What does a Will do?
A Will can:
- Say who receives your money, property and belongings
- Name a guardian for children under 18 years old
- Name an executor to carry out your final wishes
- Include gifts to charities and wishes about your funeral or pets
What happens if there's no Will?
If you die without a valid Will, your state's rules (called intestacy laws) decide who inherits. They follow a set order of family members, starting with your partner and children.
The rules are different in each state. Some examples of how they can work out:
- If you have a partner and all your children are also your partner's children, your partner often receives everything.
- If you have children from an earlier relationship, the estate may be split between your partner and those children.
- If you have no partner or children, your estate usually goes to your parents, then siblings and then other relatives.
- If there are no relatives who qualify, the estate can go to the state.
Without a Will, the process can take longer. Families sometimes disagree. If you have young children, a court may need to help decide who will care for them. A Will can prevent much of this.
Who do I need to choose?
- Beneficiaries: the people or charities who receive your estate.
- An executor: someone organised and trustworthy who agrees to manage your estate.
- Guardians: people you trust to raise your children in your absence.
Many people also set up an enduring power of attorney. That person can make financial decisions for you if you're alive but unable to.
Can I write my own Will?
Yes, many people can, especially if their situation is simple. For example:
- Your property and savings are in your name
- Your super has a clear nomination
- You don't own a business or overseas property
- You don't expect anyone to challenge the Will
We can help you write your Will online for free. Once it's done, Gaia can also have one of our solicitors review your signed Will. If your situation is more complex, it's wise to talk to a solicitor.
What doesn't a Will cover?
Some things are usually passed on outside your Will:
- Superannuation: this follows your nomination with the fund.
- Life insurance: this follows the person named on the policy.
- Things you own jointly: these often pass straight to the other owner. If every owner has died, they pass through the estate of the last surviving owner.
It's a good idea to check those nominations when you write your Will.
When should I update my Will?
Review your Will when:
- You marry, divorce or separate
- You start a new relationship
- You have a child or grandchild
- You buy or sell property
- Someone named in your Will dies
- You're about to have a major medical procedure
- Your wishes change
Marriage and divorce can affect an existing Will, so it's worth checking after either.
Common questions
It can be, if it's signed and witnessed correctly. Handwritten Wills are more likely to cause confusion or disputes, so a clear printed Will is usually safer.
Because everyone deserves a valid Will, not just people who can afford a solicitor. The Individual and Couple's Wills builders are free forever, with no catch, no account needed and no card details required.
Gaia earns from the optional add-ons families choose when they want extra certainty: a solicitor review of your DIY Will, or a fully bespoke Will drafted by a partnered solicitor for complex estates. The free builder isn't a trial of those. It's the same document either way.
Yes. What makes a Will valid isn't who typed it, it's how it's signed. You must be over 18 and of sound mind, the Will must be in writing, and you must sign it in front of two adult witnesses who are present at the same time and who also sign it.
Your witnesses shouldn't be beneficiaries (or their partners). Gaia includes a witness signing block and step-by-step instructions when you print your Will.
For a straightforward estate, like a home, savings, super and possessions left to family, a properly signed and witnessed Will like the one Gaia creates is generally all you need.
If your situation is more complex, such as a blended family, a business or trust, overseas assets, or a Will you expect to be contested, you should have a solicitor draft it from scratch. That's what our Bespoke Lawyer Will is for. If you'd rather build it yourself but still want a professional check, the solicitor review add-on sits in between.
Yes. Couple's Wills builds two separate, mirrored Wills, one for each of you, in the same session. Most couples leave everything to each other first, then to their children, but you can each choose differently if you'd rather.
You each sign your own document with your own witnesses. Married or de facto, it works the same way, and it's still free.
Somewhere safe that your executor can find. Let them know where it is. Gaia Vault is one secure option.
Written by Agam Lamba. Last reviewed .
This article is general information for people in Australia. It isn't legal advice. Rules differ between states, so check with a solicitor about your situation.
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