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Do I Need A Lawyer To Write Will

Updated June 2023 | 6 min read Expert contributors Breanna Jayne Sada, psychologist; Andrew Simpson, national head of wills and estate planning at Maurice Blackburn Lawyers Words by Lucy E Cousins and Katherine Chatfield

You might not want to think about writing a will, but this important legal document is designed to bring peace of mind to both you and your loved ones.

Planning what will happen after you die isn’t easy. The thought of not being around for your family or friends can be confronting – but that doesn’t mean you should avoid making a will.

It’s estimated around 60% of Aussies don’t have a will, with many people citing the fact they simply don’t believe they’re wealthy enough or old enough to make one.

However, wills aren’t only for people with assets or for when you reach retirement. A will is designed to protect your loved ones and it’s recommended every adult has one, no matter how old you are.

“Every individual might have their own reasons for avoiding doing their will,” says psychologist Breanna Jayne Sada, “but essentially it comes down to accepting that death is a reality of life.”

What is a will?

A will is a legal document that gives instructions on who you want to care for your children if they’re minors, as well as who you want to inherit your estate. An estate includes assets and real estate owned in your name, your personal items, shares and any property acquired after you made your will.

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It’s designed to protect your spouse, your children and any other loved ones. “Creating a will doesn’t mean you’re going to die soon,” says Breanna. “It just means that your affairs are in order, so when you die, your loved ones are going to be provided for. Knowing there’s some consideration for them can be comforting to them and to you.”

This is a sentiment that Jeff Roberts, 61, understands well. “It comes down to the fact that, at various stages of your life, you think more about your mortality,” he says. “I wanted to make it easy and straightforward for the people I’m leaving everything to. That’s really important to me.”

For Jeff, making sure his will was in place and easy to understand was key to his peace of mind. “I don’t want it to be a great burden when I die; I want it to be as organised as possible. I’ve never done one of those do-it-yourself wills,” he says. “I’ve always gone to a lawyer because I wanted to make sure it was done correctly.”

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