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