Misconceptions about wills can lead to costly mistakes and leave families unprotected. Let's debunk the most common myths with the truth.
1
"My spouse automatically gets everything"
Myth: If I die without a will, my partner inherits everything anyway.
Truth: Intestacy laws vary by state and divide assets between spouse AND children. De facto partners may need to prove their relationship in court.
2
"I'm too young to need a will"
Myth: Wills are for old people.
Truth: Anyone with assets, super, children, or strong wishes about their belongings needs a will. Accidents don't check your age.
3
"A handwritten will is just as valid"
Myth: I can just write my wishes on paper.
Truth: While some states accept handwritten wills in emergencies, they're frequently challenged and often invalid due to technical errors.
4
"My will covers my superannuation"
Myth: Everything I own passes through my will.
Truth: Super is controlled by your binding death benefit nomination, not your will. Joint property and life insurance also pass outside your will.
5
"Once it's done, I never need to update it"
Myth: A will lasts forever.
Truth: Marriage revokes a will in most states. Divorce, children, property purchases — all require updates.
6
"I can just tell someone my wishes"
Myth: Verbal instructions are enough.
Truth: Verbal wishes have no legal standing. Only a properly executed written will counts.
7
"DIY wills are just as good as a lawyer's"
Myth: All wills are the same.
Truth: DIY wills have higher rates of errors, ambiguity, and challenges. Complex situations need professional advice.
8
"My executor can do whatever they want"
Myth: Executors have full control.
Truth: Executors must follow your will's instructions and are legally accountable for their actions.
9
"I can leave my estate to anyone I want"
Myth: It's my money, my choice.
Truth: Family provision laws allow certain relatives to challenge your will if they're not adequately provided for.
10
"Making a will is tempting fate"
Myth: Writing a will makes death more likely.
Truth: A will has no effect on when you die. It only affects what happens after.
Don't let myths leave your family unprotected
Know the truth, make a plan, protect your loved ones.
Start Your Will Checklist →Sources
- Australian Law Reform Commission — Wills and Estates Research
- State Trustees Victoria — Common Will Misconceptions
- NSW Trustee & Guardian — Estate Planning Myths
- Public Trustee Queensland — Will Validity Requirements