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

Many Australians put off making a will, believing they are too young, don’t have enough assets, or are simply too busy. However, a will is not just for the wealthy or elderly—it’s a crucial document for anyone who wants to have a say in how their estate is managed.

A will allows you to:

• Appoint guardians for children: If you have children under 18, your will is the legal way to nominate their guardians.
• Direct the distribution of your assets: Without a valid will, your estate is divided according to state laws, which may not reflect your wishes or family circumstances.
• Reduce the risk of disputes: A clear, up-to-date will can help prevent disagreements among family members and make the probate process smoother.

Recent cases in Australia have shown that dying without a will (intestate) can lead to lengthy, stressful, and costly disputes—especially when digital assets or blended families are involved.

Estate planning is evolving to keep pace with changes in technology, family life, and the law. In 2026, several developments are influencing how Australians should approach their wills:

Digital Assets

Digital assets—such as online accounts, cryptocurrency, and digital files—are now widely recognised as part of an estate. It’s important to specify in your will who can access and manage these assets, and to provide clear instructions for your executor.

Remote Witnessing

Some states have made permanent the option to have wills witnessed remotely, such as via video link. This makes it easier for people in regional areas or those living overseas to create or update their wills, but requirements vary by state.

Superannuation and Estate Planning

Superannuation is a significant part of many Australians’ estates. Rules around binding death benefit nominations can change, so it’s important to coordinate your will with your superannuation plan. Check that your nominations are current and reflect your wishes, as superannuation is not automatically covered by your will.

Family Structures and Legal Considerations

With more blended families and de facto relationships, courts are seeing more contested estates. Major life events—such as marriage, divorce, or the birth of a child—can affect your will. Regularly reviewing your will ensures it remains valid and relevant to your circumstances.

A modern will covers more than just who inherits your property. To make your estate plan robust, consider including:

• Executor(s): Name someone you trust to carry out your wishes. It’s wise to nominate a backup executor as well.
• Guardianship: Clearly state who should care for any minor children.
• Specific gifts: Detail any special items, property, or assets you want to leave to particular people.
• Digital assets: Provide instructions and access details for online accounts, digital files, and cryptocurrencies.
• Charitable bequests: If you wish to leave something to charity, specify the details.
• Funeral wishes: While not legally binding, including your preferences can help guide your loved ones.

It’s important to review your will every few years or after significant life changes, such as marriage, divorce, buying property, or the birth of a child.

Making a will is straightforward, but it’s important to ensure the process is thorough and legally compliant. Australians have several options:

Using a Solicitor

Engaging an accredited solicitor is recommended for complex estates, blended families, or if you have significant assets. A solicitor can help ensure your will is valid and reflects your wishes.

Online Will Kits

For straightforward estates, online will kits have become more sophisticated and accessible. These services often provide secure digital storage for your documents, making it easier to keep your will safe and up to date.

Community Legal Centres

Some community legal centres offer free or low-cost will-drafting services, particularly for vulnerable Australians or those with limited assets. This can be a good option if you need assistance but have a simple estate.

Whichever method you choose, make sure your will is witnessed correctly according to your state’s laws, stored securely, and that your executors know where to find it.

Dying without a valid will means your estate will be distributed according to state formulas, which may not align with your wishes. This can lead to:

• Assets being distributed in ways you did not intend.
• Family disputes and legal costs that can reduce the value of your estate.
• Delays in accessing funds, which can place additional stress on your loved ones.

Contested estates can be costly and time-consuming. Having an up-to-date will is an investment in peace of mind for you and your family.

It’s not enough to create a will and forget about it. Life changes, and so should your estate plan. Review your will:

• After marriage, divorce, or entering a new relationship.
• When you have children or grandchildren.
• If you buy or sell significant assets, such as property.
• When your financial situation changes.
• If your chosen executor or guardian is no longer able to act.

Regular reviews ensure your will remains valid and reflects your current wishes.

Taking the first step can feel daunting, but creating or updating your will is one of the most important things you can do for your loved ones. Consider your personal circumstances, seek professional advice if needed, and make 2026 the year you put your wishes in writing.

For more information on managing your finances and planning for the future, visit our finance section.