Do You Need a Will in 2026? Australian Estate Planning Guide

Many Australians assume they’re too young, too busy, or don’t have ‘enough’ assets to warrant a will. But in reality, a will is essential for:

• Appointing guardians: If you have children under 18, your will is the only way to legally nominate their guardians.

• Distributing assets: Without a valid will, your estate is divided according to state laws, which may not reflect your wishes or family dynamics.

• Minimising conflict: A clear will helps avoid disputes among loved ones and can streamline the probate process.

Recent high-profile cases in Australia—such as disputes over digital assets or blended family inheritances—have shown just how costly and stressful dying intestate (without a will) can be.

The world of estate planning is always evolving. In 2026, several developments are shaping how Australians should approach their wills:

• Digital Assets: From cryptocurrency to social media, digital assets are now recognised as part of the estate. New regulations in NSW and Victoria require executors to account for these assets, so your will should specify who can access and manage your online presence and digital funds.

• Remote Witnessing Extended: COVID-19 emergency measures allowing wills to be witnessed via video link have been made permanent in several states, including Queensland and Victoria. This makes it easier to update your will even if you’re in regional Australia or living overseas.

• Superannuation Changes: As of July 2026, new rules clarify that binding death benefit nominations must be renewed every three years, and your will should be coordinated with your superannuation plan to ensure your wishes are honoured.

• Family Law Overlaps: With rising rates of blended families and de facto relationships, courts are seeing more contested wills. Updating your will after marriage, divorce, or the birth of a child is now more crucial than ever.

A modern will isn’t just a simple list of who-gets-what. To ensure your estate plan is robust and future-proof, consider including:

• Executor(s): Appoint someone you trust to carry out your wishes. Consider naming a backup executor in case your first choice is unable or unwilling to act.

• Guardianship: Clearly state who should care for any minor children.

• Specific gifts: Detail any heirlooms, property, or special assets you wish to leave to particular people.

• Digital assets: Provide instructions and access details for online accounts, crypto wallets, and digital files.

• Charitable bequests: If you wish to leave a legacy to a charity, specify the details.

• Funeral wishes: While not legally binding, including your preferences can guide your loved ones during a difficult time.

Remember, your will should be reviewed every few years or after significant life events—marriage, divorce, buying property, or the birth of a child.

Making a will is simpler than many think, but the process must be thorough. Australians can:

• Use an accredited solicitor: This is the gold standard for complex estates, blended families, or large assets.

• Online will kits: Suitable for straightforward estates, these services have grown more sophisticated and legally compliant in 2026, with options to store documents securely in the cloud.

• Community legal centres: Some offer free or low-cost will-drafting, especially for vulnerable Australians or those with limited assets.

Whatever route you choose, ensure your will is witnessed correctly (following your state’s updated laws), stored safely, and that your executors know where to find it.

Dying without a valid will can mean:

• Your assets are distributed according to rigid state formulas—not your wishes.

• Family disputes and legal costs can erode your estate.

• Delays in accessing funds can place a burden on your loved ones at an already stressful time.

With average legal fees for contested estates rising in 2026, an updated will is an investment in peace of mind for you and your family.