The majority of Australian adults – estimated at around 50-55% – do not have a Will. Even among Australians aged over 50, it is estimated that one in three still do not have a Will. If this includes you, you are certainly amongst good company.

This issue is not unique to Australia. Many well-known and highly successful internationally renowned individuals passed away without a valid Will, often leaving behind years of legal disputes and uncertainty for their families (just to mention a few):

• Peter Brock (aged 61), the famous Australian motor racing driver, died while attempting to finalise a Will that was later declared invalid.
• Kurt Cobain (aged 27), singer, songwriter, and frontman of Nirvana, died without a Will.
• Abraham Lincoln (aged 56), one of history’s most renowned lawyers and the 16th President of the United States, died without a Will.
• Jimi Hendrix (aged 27), widely regarded as one of the greatest guitarists of all time, died without a Will, resulting in more than 30 years of disputes over his estate.
• Bob Marley (aged 36), legendary Jamaican singer and songwriter, died without a Will, leading to decades of contentious legal battles before his estate was finally settled.
• Prince Rogers Nelson (aged 57), the multi-talented artist known as Prince, died without a Will, leaving his estate in legal limbo for six years.

The absence of a Will (called intestacy) whether among everyday Australians or world-famous individuals – demonstrates a simple truth: without clear instructions, your estate is left to be decided by legislation rather than by you. In Australia, this would be in accordance with the relevant State, or for the Territories, the Federal legislation. This often results in unintended beneficiaries, unnecessary delays, increased costs, family conflict, and outcomes that may not reflect your wishes.

Having a valid, well-considered Will is one of the most important steps you can take to protect your loved ones and ensure certainty during an already difficult time. Regardless of the size or complexity of your estate, a Will gives you control, clarity, and peace of mind – something no one should leave to chance.

Making a Will is not just a legal formality – it is a practical step to ensure your affairs are handled clearly, efficiently, and in accordance with your wishes under law. Take action now by contacting us today to spare your loved-ones’ unnecessary uncertainty and conflict later, and provide you with the reassurance that your legacy is properly protected.

Need assistance?

Mahoneys’ dedicated estate planning team assists clients with the process of anticipating and arranging for the distribution of their assets in the event of death or incapacitation.

If you need assistance with your estate planning please contact Cath Champion (cchampion@mahoneys.com.au).

Cath Champion

Admitted to practice law in 2006, Cath has a Bachelor of Business; a Bachelor of Laws; a Master of Laws majoring in Estate Planning; and is a member of the Queensland Law Society. In addition to this, Cath is a Full member of STEP – a global professional body, comprising lawyers, accountants and other practitioners that help families plan for their futures.

Written by Cath Champion

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