May 5, 2026
Working in Estates law, I have seen countless matters where a person has died without a Will (“intestate”), or their Will was written decades prior to their passing. As such, their Will (or lack thereof) does not accurately reflect their assets upon their death, nor their wishes for the management and distribution of their assets.
This got me thinking: ‘When was the last time my Mum and Dad updated their Wills?’. I brought this up to my parents one day and was shocked to find out that their Wills were written over two decades ago just after I was born. Having children prompted my parents to draft Wills so that they could ensure we were taken care of in the event of an accident or illness. Now that so many years had passed, my parents’ lives had changed dramatically, but their Wills did not reflect this. I knew it was time for me to have “the talk” with them (the Will talk!).
I took the time to discuss the importance of a clear, comprehensive and up-to-date Will with my parents, and it is probably one of our most important conversations to date. Shortly after we spoke, my parents made an appointment with a lawyer and had their Wills updated to reflect their current wishes and assets.
I am beyond grateful that I had the knowledge and forethought needed to persuade my parents to update their Wills. Most times, people do not draft or update their Wills because they don’t truly understand their significance. To put it simply, having an accurate attested Will is essential for three main reasons:
- It will protect your assets and wishes;
- It will provide clear instructions to loved ones upon your passing; and
- It will help relieve any potential conflict regarding your estate.
I hope you take this blog post as an opportunity to remind your loved ones of the importance of having a formal Will!
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 23, 2026
Dealing with estates involves more than Wills, probate and distribution. It also includes the emotional challenges families face in coping with loss, especially in sudden deaths.
No one is fully prepared for loss, even if the deceased was ill for an extended time. However, the deceased preparing and providing instructions can certainly assist the family.
Here are some suggestions to help your family navigate estate matters.
Wills
Inform your family that you have made a Will if you have one. Sometimes families are unaware of the existence of a Will and this can lead to time-consuming searches. There are instances where family members discover the Will a year or two later.
You should also consider discussing the Will’s contents with your family to avoid potential disputes or objections during probate. Quite often, equalization arises when spouses feel they are entitled to more than their allocated percentage, while some children may believe they had contributed more to their parent’s well-being and should therefore receive a larger share.
If you do not have a Will, you should strongly consider making one.
Assets
Make a list of your assets and store it in a safe location for easy retrieval. The list of your assets should include, but are not limited to, bank accounts, shares and investments, personal effects, and real property.
Estate trustees and family members often encounter difficulties in locating assets. Contacting financial institutions and enquiring about potential assets and investments left by the deceased can be costly and again time-consuming.
Health
While some individuals may prefer to keep their health concerns private from their families, it is advisable to disclose them. This ensures that in the event of an emergency or sudden passing, their loved ones are not taken by surprise.
If you are hesitant to share this information with your family, at least confide in a trusted family friend and seek their support for the family when needed.
It is also wise to discuss your future healthcare needs and wishes, particularly when you may lose the ability to make decisions for yourself. If you do not have one, you should strongly consider establishing a power of attorney for personal care.
Funeral Arrangements and Burial
Have a family discussion regarding burial preferences. Families often experience emotional distress and confusion during the period immediately after a death and disagreements on this issue can lead to family discord. Leaving clear instructions will prevent this problem.
Legal Representation
It is advisable to retain a lawyer to advise you on Wills, probate and estate-related legal issues.
Casey and Moss is committed to providing quality service with respect to estate matters.
Roslyn Blackette
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
