Do you really need a Will?

Spoiler: Yes, you do - and here’s why.

When people think of a will, they often picture something older people prepare later in life. But here’s the truth —if you’re over 18, have a job, own a car, have superannuation, or even a cherished record collection, it’s time to think about getting your will sorted.

Having a will in place isn’t just about your age or wealth — it’s about making sure your voice is heard and your wishes are respected when you’re no longer around to explain them.

Here are five reasons to have a will in place — no matter your age or stage in life:

1. Ensure your assets are distributed according to your wishes

A will allows you to nominate who should receive your property, savings, superannuation, and personal belongings — no matter how modest or substantial they may be. If you wish to leave assets to friends, an unmarried partner or stepchildren this must be clearly stated in your will, as they may not automatically be entitled under intestacy laws (if you die without a will).

For business owners, a will can outline what happens to their business after their death, helping to ensure a smooth transition.

A will also allows a person to choose someone they trust as their executor. The executor is the person responsible for managing your estate, paying debts, and ensuring assets are distributed properly and efficiently.

2. Nominate guardians for minor children (or pets)

If you have children, a will enables you to legally appoint guardians to care for them — a critical decision that would otherwise be left to the courts. For anyone with fur-babies, a will also allows you to appoint a suitable person to care for pets.

3. Minimise the risk of family disputes, fewer delays and less stress

A well-drafted will provides clarity and reduces the likelihood of conflict or confusion among family or friends during an already difficult time. A valid will also helps streamline the estate administration process, potentially reducing delays and stress for your family and beneficiaries.

4. Prevent default legal outcomes

In the absence of a will, your estate will be distributed according to Part 5 of the Succession Act 2023 (SA) (laws of intestacy), which may not reflect your personal relationships or intentions.

Intestacy laws don’t always align with personal wishes and failing to have a will can lead to unexpected (and often unfair) outcomes.

5. Adapt as life changes

Your will is not a one-time document — creating a will now does not mean that it can’t be changed later (so long as the Testator (will maker) has testamentary capacity). Your will should be review and updated (if necessary) as your circumstances change. Regular reviews ensure it remains accurate and reflective of your current intentions.

Start the Conversation today. Creating a will is one of the most empowering things you can do — for yourself and your loved ones.

At EP Legal, we make the process simple, supportive, and tailored to your needs.

If you’ve been putting it off, let this be your nudge: your future self (and your family) will thank you.

Georgia Hamood-Smith

SENIOR ASSOCIATE