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Writing a will is generally not at the top of our to do list, given the busy lifestyles we lead so it is commonly a topic that we don’t allocate much time to or give much attention to. However, it is an essential task that will bring immense peace of mind and protect your loved ones after you’re gone. 


The importance of a will is that it is a legal document that clearly outlines how you want your assets to be distributed and your affairs to be managed upon your death. 


A well assembled will is crucial and provides clarity, security and a sense of control over your estate. It also ensures that your priorities of providing and taking care of your loved ones is executed without the uncertainty which can occur if you die without a will. 


Our estate lawyers are specifically trained in taking you through the process of establishing and updating your will, they’re compassionate, informative, approachable and knowledgeable. They will give you the advice that is best for you and your family, your circumstances (as everyone is different) and they respect and record your wishes. 


Here are five takeaways on why you should consider ensuring that you have an up to date Will and ensure that it’s a priority for you and your family. 


1. A well assembled Will ensures your wishes are recorded and followed. By creating a Will, you take the driver’s seat in deciding what happens to your property and belongings when you pass away. In South Australia if you do not have a valid Will, your assets will be distributed according to the laws of intestacy, which may not see your estate in the hands of those who you want to receive it. 

2. A Will not only provides the distribution of assets in which you’ve prioritised, it also plays a significant factor in safeguarding the interests of your loved ones, particularly minor children and dependents. A valid Will can outline a guardian to care for your underage children in the event of your untimely passing. Such a provision can ensure their well-being is addressed and potentially prevents disputes or uncertainty over their custody. 

3. The absence of a Will can often lead to disagreements and conflict amongst your family.  Having a valid Will significantly reduces the likelihood of that occurring as your intentions are clearly stated encouraging a smoother journey through what is already likely a difficult time. A well drafted Will provides a solid legal foundation that often reduces legal battles amongst family members. 

4. Probate is the legal process of validating a Will and distributing assets in accordance with its terms after your passing. With a valid Will in place, the probate process becomes more streamlined, efficient and timely. Your chosen executor will carry out your wishes promptly, minimising delays and potential complications. This will expediate the distribution of assets to beneficiaries and provides financial stability during the probate proceedings. 

5. A well-crafted Will can potentially help minimise tax liabilities of your estate. Our lawyers can structure your Will to take advantage of available tax exemptions and deductions, potentially saving your beneficiaries significant amounts of money. 


By now you will no doubt be able to see that having a valid up to date Will sees your wishes outlined clearly following your passing and it avoids  devastating impacts on those left behind.  Taking steps to ensure that you have a Will in place is peace of mind for you and those left behind.


We prepare Wills for a fixed fee so call one of our specialist estate lawyers on (08) 8333 2130 for a no obligation discussion.  


Please contact Natasha Hemmerling, Partner at Clarke Hemmerling Lawyers.

(08) 8333 2130 or

Natasha Hemmerling

Natasha Hemmerling


This blog post does not constitute legal advice and should not be relied upon as such. It is a general commentary on matters that may be of interest to you.  Formal legal or other professional advice should be sought before acting or relying on any matter arising from this communication.