When it comes to protecting your loved ones and your legacy, having a clear and comprehensive Will is one of the most important steps you can take. Whether your financial situation is simple or complex, an up-to-date Will provides clarity, reduces stress and ensures your wishes are respected.

6 Key Steps to Writing Your Will

Creating a Will doesn’t have to be overwhelming. Follow these essential steps to ensure your estate is handled according to your intentions.

1. Select Your Beneficiaries

Think about everything you own—your assets, property, savings, shares and more. Decide who you would like to provide for and nominate them as beneficiaries. This may include loved ones, friends or perhaps charities you are passionate about. Beneficiaries are the individuals or entities who will receive their share of your estate as specified in your Will.

2. Decide How You Want Your Estate Distributed

Consider how you want your assets divided. This could include:

• Specific gifts – a designated amount of money, property or valuable item
• Residual gifts – the remainder of your estate after specific gifts and debts are accounted for
• Percentage gifts – a percentage of your total estate to certain individuals or entities
• Whole estate – leaving everything to a single beneficiary, such as a spouse or charitable cause

Don’t forget about your superannuation, which isn’t automatically covered by your Will. You may need a binding nomination to direct your super to your estate.

3. Choose an Executor

Your Executor is responsible for administering your estate. This includes:

• Organising your funeral
• Managing and distributing assets
• Paying debts and taxes
• Resolving any disputes
• Distributing gifts you make ion your Will

Choose someone trustworthy, capable and willing to act. Many people select a close family member or friend, but professional support from legal or financial advisers can help navigate complexities. If you don’t have a suitable nominee, a professional can be appointed –  though fees will apply.

4. Appoint Guardians for Minor Children

If you have children under 18, appointing a guardian is crucial. Choose someone you trust to care for your children and make key decisions about their upbringing, education and welfare.

5. Write Your Will with a Legal Professional

A Will is a vital personal document that reflects your values and relationships. It must be carefully written to:

• Precisely capture your wishes
• Ensure professional and efficient estate administration
• Thoughtfully address all your assets and chosen beneficiaries

Estate disputes are common when a Will is unclear or poorly drafted. Working with a legal professional:

• Reduces the risk of misunderstandings
• Minimises delays and costs
• Provides peace of mind for you and your family

Legal experts ensure your Will is properly structured and comprehensive. They help safeguard your estate, prevent conflict and guide executors through the process with confidence.

Don’t leave your legacy to chance. Professional guidance is key to a smooth estate administration.

6. Sign Your Will Correctly

For your Will to be valid, it must be:

• Signed in front of two independent witnesses over 18 who are not beneficiaries
• Signed on every page, with the final page dated

Keep It Safe

Store your Will securely. It is important that your original Will be kept in a location that protects it from damage as any damage may invalidate your Will. Many people choose to keep it with their lawyers. Inform your executors where the original is kept for easy access when required and if you are comfortable, provide them with a copy.

Common Mistakes After Signing a Will

It is important that your original Will be kept blemish free as this may invalidate your Will. Blemishes include:

• Removal of staples to photocopy or scan the Will – staples should never be removed once stapled
• Micro tears on any pages
• Clipping the Will to other documents, leaving indentations or rust marks

Next Steps

Life changes – so should your Will. Review your Will after significant life events like marriage, divorce, the birth of a child or death in the family. Even without major changes, a review every five years ensures your wishes are current.

We’re Here to Help

Our experienced Wills and Estates team can guide you every step of the way. We’ll ensure your Will is clear, legally sound, and reflects your intentions. Don’t leave your estate to chance – contact us today to get started or update your Will.

Take control of your legacy. Contact us now on reception@hillhouse.com.au to protect your loved ones, your legacy and your peace of mind.