7 Common Misconceptions About Wills in South Australia

At Craig McKay Legal we regularly speak with clients who have understandable—but sometimes risky—misconceptions about wills and estate planning.

A will is not just a piece of paper—it’s the cornerstone of ensuring your wishes are carried out and your loved ones are protected. Misunderstanding how wills work under South Australian law can lead to disputes, delays, and unintended outcomes.

Here, we address the seven most common misconceptions about wills and explain what you really need to know.

1. “I’m Too Young to Need a Will”

Many people believe wills are only for retirees or those with significant wealth. In reality, a will is vital for anyone with:

• Children or dependents

• Property or savings

• Specific wishes for how assets should be distributed

Tragedy can strike at any age. A valid will ensures your estate is distributed according to your wishes rather than intestacy laws.

2. “Everything Automatically Goes to My Spouse”

It’s a common belief that a surviving spouse will automatically inherit everything. That isn’t always true.

If you die without a will (intestate) South Australian intestacy laws dictate how assets are divided. Depending on the circumstances, children, parents, or other relatives may also be entitled to a share. This may not reflect your actual wishes and can cause unnecessary disputes.

3. “I Don’t Need a Lawyer to Write a Will”

DIY will kits and online templates might seem like a cheap solution. Unfortunately, they often:

• Fail to account for complex family situations

• Lack proper legal formalities

• Miss important provisions that could prevent disputes

A lawyer ensures your will is valid, tailored to your circumstances, and less vulnerable to being challenged in court. As the saying goes, “you don’t know what you don’t know.”

4. “Once I Write a Will, I Never Have to Change It”

Life changes, and so should your will. Situations that warrant a review include:

• Marriage or divorce

• Birth of children or grandchildren

• Acquiring or selling significant assets

• Changes in family relationships

  
  

We recommend reviewing your will every 3–4 years, or after any major life event, to ensure it reflects your current wishes.

5. “A Will Only Covers Financial Assets”

A will is about more than money. It allows you to:

• Appoint guardians for minor children

• Set out funeral wishes

• Decide who inherits personal items and heirlooms

• Provide instructions for digital assets (e.g. social media accounts)

  
  

A comprehensive will ensures that no aspect of your estate is left uncertain.

6. “If I Have a Will, My Estate Won’t Go Through Probate”

A will does not automatically bypass probate. Probate is the court process of validating your will and giving authority to your executor to manage the estate.

However, a properly drafted will can:

• Simplify the probate process

• Reduce delays and legal costs

• Make it easier for executors to administer your estate

  
  

7. “I Can Disinherit Someone by Leaving Them Out of My Will”

Disinheriting a family member is not as straightforward as omitting their name. In South Australia, certain relatives—including spouses, children, and sometimes dependants—can make a family provision claim if they believe they have been unfairly left out.

If you are considering excluding someone, it is crucial to seek legal advice. A lawyer can help draft your will in a way that reduces the risk of disputes while still respecting your wishes.

Frequently Asked Questions

What happens if I don’t have a will in South Australia?

Your estate will be distributed according to intestacy laws, which may not reflect your preferences.

Do I need a lawyer to make a will?

While not legally required, a lawyer ensures your will is valid, tailored, and less likely to be contested.

How often should I update my will?

Every 3–4 years, or after major life changes such as marriage, divorce, or the birth of children.

Does a will avoid probate?

No, but it can simplify the process significantly.

Can I leave someone out of my will?

Yes, but South Australian law allows certain family members to contest a will. Legal advice is essential in these situations.

Conclusion: Protect Your Legacy with Expert Advice

Creating a will is one of the most important steps you can take to protect your family’s future. Misconceptions about wills can leave your estate vulnerable to disputes and unintended outcomes.

At Craig McKay Legal, we guide South Australians through the complexities of estate planning with clear, practical, and professional advice.

Complimentary Will Review: You can book a complimentary no-obligation telephone Will Review or Enquiry with Craig today to see whether updating your Will is recommended.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.