The Scary Stat Keeping Us Up At Night

Don’t Be One of the 12 Million Australians Without a Will.

Recent surveys suggest that up to 12 million eligible Australians — around 58–60% of the adult population — do not have a Will in place.^*

Even more concerning, approximately 64% of Australians with minor children do not have a Will at all.

These figures reflect a well-recognised trend in Australia: many people intend to ‘get around to it one day’, but never actually put their Will or estate planning documents in place.

Unfortunately, leaving it too late can create unnecessary stress, confusion and financial burden for the people you care about most.

At Aintree Group Legal, we see firsthand how complicated and emotionally taxing an intestate estate (an estate without a valid Will) can be. And, it’s entirely avoidable.

Why It Matters

A Will is one of the most important legal documents an adult can have. It doesn’t matter whether you’re 25 or 75, renting or owning, single or partnered — if you have assets, responsibilities, or loved ones, a Will helps ensure your wishes are clear and legally enforceable.

Without one, your estate is distributed according to state legislation. That process is rigid and may result in outcomes you would never have chosen.

What happens if you pass away without a valid Will?

Dying without a valid Will is known as dying intestate. When this happens, state and territory intestacy laws determine how your estate is distributed. These laws are fixed and apply whether or not they reflect your personal wishes, family circumstances or intentions.

1. The law decides for you

Intestacy laws determine exactly who inherits your assets and in what proportions. These rules are applied with no consideration for your personal circumstances or relationships.

As a result, without a Will your estate may:

Exclude important people in your life, such as step-children, carers, long-term friends or non-related loved ones.
Benefit people you did not intend to provide for, including estranged family members.
Include a separated spouse or former partner if your separation was not legally finalised (e.g., divorce not granted, or property settlement not completed).
Create complexity in blended families where children from previous relationships may not inherit the way you intended.

Many people are surprised to learn that intestacy laws often prioritise legal relationships over practical or emotional ones. In many cases, the people you would have chosen to receive your assets, manage your affairs or make key estate decisions, are not the ones the law appoints.

2. The process becomes slower, more expensive and far more stressful

Your loved ones may face:

Significant delays obtaining authority to administer your estate
Increased legal and administrative costs
Greater court involvement and paperwork
Additional emotional strain at an already difficult time

Intestate estates are also more likely to face disputes or challenges, which can escalate into lengthy and costly litigation — often consuming a substantial portion of the estate.

3. Children and vulnerable dependants may be placed at risk

If you have minor children or dependants with special needs:

You cannot appoint a guardian without a valid Will
The court may need to decide who cares for your children
Financial arrangements for dependants may not reflect your wishes
Funds may be held in statutory trusts until children turn 18, rather than being managed according to your preferred structure (e.g. through a Testamentary Trust).

A Will allows you to put clear, protective arrangements in place — something intestacy laws are not designed to do.

5. Your assets may not be distributed the way you expect

Many people assume their estate will just automatically go to the right people. In reality, certain assets can pass in unexpected ways if you die without a Will.

For example:

Superannuation is not automatically part of your estate — the fund’s trustee may decide who receives it.
Jointly-owned property may pass directly to the surviving owner, regardless of your wishes.
Digital assets (online accounts, photos, cryptocurrency) may be lost or inaccessible.
Personal items with sentimental value can become a source of conflict.
Pets are considered property, and without clear direction, their care may fall to someone you wouldn’t have chosen.

Without a Will, your intentions may not be known, leading to confusion or disputes.

Why do people delay?

The research suggests that people often delay creating a Will due to cost concerns, perceived complexity, feeling too busy, or simply discomfort thinking about mortality.

But delaying doesn’t avoid the issue — it shifts the burden onto your family.

And when no Will is in place, estate administration is almost always more complicated, more time-consuming, and more expensive.

When should you make a Will?

A Will isn’t just for later in life. You should consider creating or updating one when:

You turn 18 — any adult can make a Will.
You purchase property or build savings.
You start a business or accumulate investments.
You marry, separate or divorce.
You have children or assume responsibility for dependants.
Your financial circumstances change significantly.
A beneficiary or executor passes away or becomes unsuitable.
You move interstate (estate laws differ between states).

A good rule of thumb is to review your Will every 2–3 years or whenever your life circumstances change.

Estate Planning 101

A complete estate plan includes, but is not limited to just your Will.

Your full estate plan typically covers:

A valid Will
Enduring Power of Attorney (financial and personal decisions)
Appointment of Medical Treatment Decision Maker
Superannuation beneficiary nominations
Instructions for digital assets
Any trusts required for children or vulnerable beneficiaries

Together, these documents help ensure your wishes are clear and your loved ones are protected legally and financially.

Don’t keep putting off protecting your legacy. We can help.

The reality is simple: if you don’t have a Will, you’re leaving your family with more work, more cost, more stress, and more uncertainty. Creating a Will is one of the most thoughtful and responsible things you can do for the people you care about.

Don’t make 2026 another year where important personal admin tasks get pushed aside. There is no time like the present — and you don’t have to do it alone. Whether you’re preparing your first Will or updating an existing one, we can guide you through the process and ensure everything is legally sound. It starts with a simple email to legal@aintreegroup.com.au, and we’ll take it from there.

If this has been on your to-do list for a while, consider this your sign to take the next step.

Let’s look after each other…

While you’re at it, take a moment to check in with the people you care about — your parents, partner, siblings and close friends — to make sure they have valid Wills in place too. It’s a simple act that can help avoid unnecessary headaches and heartache for you and them down the track.

This is general advice only and has not been prepared with your situation and needs in mind. For individual and personalised advice, we highly recommend that you seek out proper professional advice from your lawyer.

* This estimate appears consistently across research compiled by Willed (citing 2019 ALRC figures) and more recent consumer surveys conducted by Finder between 2021 and 2022.