Do You Need a Will in 2025? Essential Guide for Australians

When most Australians think of a will, they imagine a document reserved for retirees or the wealthy. But in 2025, with new laws, digital assets, and changing family structures, having a will is more important—and relevant—than ever. Whether you’re single, raising a family, or running a small business, a will is the cornerstone of your financial legacy and your family’s future security.

What Is a Will and Why Does It Matter in 2025?

A will is a legal document that outlines how your assets—property, money, investments, and even digital accounts—should be distributed after you die. It also allows you to nominate guardians for your children and appoint executors to carry out your wishes. Without a valid will, the law decides who gets what, and the process can be slow, costly, and stressful for your loved ones.

• Estate law updates in 2025: Recent changes in several states have streamlined the probate process and clarified rules around superannuation and digital assets.

• Digital assets: With Australians holding more wealth in online accounts, cryptocurrency, and cloud storage, wills now routinely cover digital legacies.

• Blended families and de facto relationships: Modern relationships mean more complex estates. A well-crafted will can reduce the risk of family disputes.

What Happens If You Die Without a Will?

Dying intestate (without a will) means your estate is distributed according to a legal formula—often with unintended consequences. In 2025, intestacy laws vary by state, but generally:

• Your spouse or de facto partner may not automatically inherit everything.

• Children from previous relationships could miss out or face lengthy delays.

• Minor children may have guardians appointed by the court, not by you.

• Assets like superannuation and jointly owned property may not be distributed as you’d expect.

Real-world example: In 2024, a Sydney tech entrepreneur died suddenly without a will. His estranged spouse and adult children spent over 18 months in court battling over business shares and crypto wallets, with legal fees eroding the estate’s value. A valid will could have prevented conflict and preserved more of his legacy.

How to Make a Legally Valid Will in 2025

The process has never been more accessible. Here’s what you need to know:

• Online will kits: In 2025, approved digital platforms allow you to create, update, and store your will securely online. But beware—DIY wills can be risky if your estate is complex.

• Professional advice: For blended families, business owners, or anyone with substantial assets, consulting an estate lawyer remains the gold standard. Many offer fixed-fee packages and remote consultations.

• Witnessing requirements: Laws in most states now allow remote witnessing via video link, a change introduced during the pandemic and made permanent in 2023-24.

• Updating your will: Major life changes—marriage, divorce, new children, asset purchases—should prompt a review. Some states require updates to reflect changes in superannuation nominations or digital asset holdings.

What to Include in Your Will

Beyond simply naming beneficiaries, your will should cover:

• Appointment of executors (the people who’ll carry out your wishes)

• Guardianship arrangements for minor children

• Distribution of property, investments, superannuation, and digital assets

• Personal items of sentimental or financial value

• Charitable bequests, if desired

Don’t forget to store your will somewhere safe and let your executor know how to access it—whether that’s a lawyer’s office, safe deposit box, or secure digital vault.

The Bottom Line: Don’t Leave It to Chance

Estate planning is no longer a set-and-forget task. With ongoing policy changes and evolving asset types, every Australian adult should review their will in 2025. It’s a simple, powerful step to protect those you love, minimise legal headaches, and ensure your wishes are respected—no matter what the future holds.