When it comes to wills and estates, misinformation is everywhere. Many people assume their situation is “simple” or that the law will work things out for them.

Unfortunately, those assumptions can cause major headaches for loved ones and, in some cases may lead to people challenging or contesting a Will,

resulting in costly estate disputes in court. Let’s break down some of the most common myths about wills and estates and set the record straight. 

 “I’m too young to need a will.” 

A will isn’t just for older people or the wealthy. Life is unpredictable, and accidents or illness can happen at any age.

A valid will ensures your assets go to the people you choose. 

 “Everything automatically goes to my spouse.” 

Many people assume their partner will inherit everything by default,

but the law that governs what happens when you die without a will (intestacy laws) don’t always work that way.

In some situations, your estate may be divided between your spouse and children, or even parents or siblings. 

“Executors can’t be beneficiaries.” 

This is not true – an executor can be a beneficiary. In fact, this is commonly the case if you nominate your spouse or children. 

 “Once I’ve made a will, I never need to update it.” 

Your will should be a document that changes with your circumstances.

Major life events—marriage, separation, children, buying property, or starting a business—should all prompt a review.

An outdated will can leave out important people or even be revoked by law without you realising. 

 “Lawyers are too expensive; I can just use a cheap online kit instead.” 

I agree that lawyers are expensive. However, a DIY will that is not validly executed or properly drafted can cause litigation that is more expensive when you pass away.

Investing in a professionally drafted will save headaches and thousands of dollars on legal fees when you pass away. 

 “My superannuation is automatically paid to the beneficiaries of my will.” 

 In Australia, superannuation isn’t automatically paid to the beneficiaries of your estate.

The superannuation trustee has discretion to pay to your superannuation dependants or your estate, unless you have a valid binding death benefit nomination. 

 “I’ve told my family my wishes, so I don’t need to write them down.” 

Verbal instructions have no legal standing. Without a valid will, the law takes over. 

“My will covers all of my assets.” 

Some assets — like jointly owned property, joint bank accounts, superannuation, or certain assets in trusts — are not controlled and paid where your will says. 

“If I leave someone $1.00, they can’t contest or challenge my will.” 

In Australia, eligible people can challenge a will by applying to the Court for provision from an estate,

if they have not received adequate provision for their proper maintenance, education or advancement in life.

There is no fixed amount that can stop claims to contest a will, however, there are certain tactics that can be utilised in your estate planning. 

Summary 

Estate planning isn’t about how much you own—it’s about protecting your family and ensuring your wishes are respected. Don’t let myths put your assets at risk.

The best way to achieve peace of mind is to speak to one of our wills and estates lawyers to discuss your situation and draft the most appropriate will for your circumstances.