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BEST GUIDE FOR WILLS & ESTATES IN AUSTRALIA

Learn how to write a will, manage your estate, and protect your loved ones.

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Your easy guide for Online Wills and Estates

When it comes to end-of-life planning, writing a will and managing your estate are some of the most important — and often overlooked — steps you can take. Having a legally valid will ensures your wishes are carried out, your loved ones are protected, and unnecessary disputes are avoided.

At eziFunerals, we’re here to guide you through every stage of wills and estate planning in Australia. Whether you’re creating a new will, updating an old one, or navigating the legal process after someone’s passing, this guide is designed to help you understand what’s involved and why it matters.

What Is a Will?

A will is a legal document that outlines your wishes for how your assets, property, and personal belongings should be distributed after your death. It can also include your preferences for funeral arrangements and guardianship of minor children.

Without a valid will, your estate will be handled under intestacy laws, which may not reflect your true intentions — and could create stress for those you leave behind.

Why You Need a Will

Creating a will ensures that:

  • Your assets go to the people or causes you choose
  • Your children or dependents are cared for according to your wishes
  • Disputes among family members are minimised
  • Legal processes are faster and simpler for your executor
  • You can nominate guardians and make clear decisions about your estate

A will is not just for the elderly or wealthy — every adult should have one.

What Is an Estate?

Your estate includes everything you own when you pass away:

  • Property and real estate
  • Bank accounts and investments
  • Superannuation and life insurance
  • Vehicles, valuables, and personal possessions
  • Digital assets and intellectual property

Managing your estate is about making sure these assets are passed on smoothly to the people you care about.

What Is Estate Planning?

Estate planning goes beyond writing a will. It includes the preparation of other legal documents and arrangements to ensure your medical, financial, and legal affairs are handled according to your wishes — both before and after your death.

Key estate planning tools include:

  • A valid will
  • Power of Attorney (financial decisions)
  • Enduring Guardianship (medical/lifestyle decisions)
  • Advance Care Directive (your wishes for medical treatment)
  • Superannuation and life insurance nominations
  • Testamentary trusts for complex or ongoing family needs

Who Can Write a Will in Australia?

Anyone over the age of 18 who has sound mental capacity can write a will. You can write one yourself (using a DIY kit), hire a lawyer, or use an online will platform.

To be legally valid in Australia, a will must:

  • Be in writing (handwritten or typed)
  • Be signed by the person making the will (the testator)
  • Be witnessed by two independent adults who also sign it

Even small mistakes or unclear language can cause problems, so we recommend getting professional guidance if possible.

Choosing an Executor

Your executor is the person responsible for carrying out your wishes as outlined in your will. This includes:

  • Applying for probate
  • Paying debts and taxes
  • Distributing assets to beneficiaries
  • Managing any trusts or legal obligations

You can choose a trusted friend, family member, or professional executor (such as a solicitor or trustee company). It’s important they are organised, trustworthy, and willing to take on the role.

What Happens If You Die Without a Will?

If you die without a will in Australia, you are considered to have died intestate. This means:

  • State laws will determine how your estate is divided
  • Assets may not go to the people you intended
  • Delays, costs, and legal complications may arise
  • The court will appoint an administrator to manage your estate

The best way to avoid this situation is to have a valid and updated will in place.

Updating Your Will

Life changes — and so should your will. You should review and update your will if:

  • You get married, divorced, or enter a new relationship
  • You have children or grandchildren
  • Your financial situation changes
  • A beneficiary or executor passes away
  • You change your mind about your wishes

You can update your will by creating a codicil (a formal amendment) or drafting a new will entirely.

What Is Probate?

Probate is the legal process of validating a will and giving the executor authority to carry out its instructions. If there’s no will, the process is called letters of administration.

The executor usually applies to the Supreme Court in your state or territory. Once probate is granted, the executor can begin distributing the estate.

Do You Need a Lawyer to Write a Will?

No, but it’s highly recommended — especially if your situation is complex. A lawyer or estate planner can help you:

  • Draft a legally valid will
  • Set up trusts or detailed conditions
  • Navigate tax implications
  • Avoid errors that could make your will invalid

Online will platforms are also a convenient and affordable option for simpler estates.

How eziFunerals Can Help

eziFunerals now offers Funeral AfterCare Support to help you with the many tasks in settling the estate, reduce the time in settling the estate and save the estate money.

We have partnered with Willed to help you manage your affairs by explaining what’s required and supporting you at each stage – from creating a will, organising a power of attorney, applying for probate, obtaining letters of administration, to helping you release money from the estate.

While eziFunerals doesn’t provide legal advice, we can connect you with independent will and estate planning services across Australia. Our platform also helps families:

  • Plan ahead for funeral costs
  • Compare funeral providers in your area
  • Record your funeral wishes and store them securely
  • Create a personalised end-of-life plan

We’re here to support you — not sell to you.

Start Planning Your Will Today

Don’t wait until it’s too late. Creating a will is one of the most important gifts you can leave your loved ones — a gift of clarity, certainty, and peace.

Visit: www.ezifunerals.com.au

Call: 1300 236 402

Email: support@ezifunerals.com.au

Disclaimer: Willed is a technology platform that allows you to create your own estate planning solutions using our forms and other information. Willed is not a law firm and does not provide legal, financial, taxation or other advice. If you are unsure whether our estate planning solutions are suitable for your personal circumstances, legal advice should be sought from a law firm, such as Vault Legal.