Some Reasons to Re-think why you need a Will

October 29, 2026

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Despite being one of the most commonly known legal documents to the general public, around 50% of Australians don’t have a valid Will.

This statistic is alarming, particularly when you consider how important a Will is as it deals with your life’s hard work and has the ability to significantly impact your loved ones.

 

So today, we are going to have a look at what makes a Will valid and how it can be written to ensure your estate is distributed according to your desires.

 

Benefits of having a Will

 

There are many good reasons to have a Will. Some of these include:


  1. You can be clear about who gets your assets, deciding who gets what and how much;
  2. You can keep your assets out of the hands of people you don’t want to have them (like an estranged child for example);
  3. You can identify who should care for your children;
  4. Your beneficiaries will have a faster and easier time getting access to your assets; and
  5. You can plan to save your estate money on taxes and leave gifts and charitable donations which can help offset any estate taxes.

 

A Will Requires…

 

In order to be considered valid, a Will must be in writing and be witnessed by two independent witnesses. The will-maker must also be of sound mind at the time of writing and signing their Will.

 

The Will should also contain the will-maker’s full name, address and occupation, the date the Will was signed, the name of your executor, how your estate is to be distributed and the signing clause.

 

You may distribute any piece of property, from personal items like books and jewellery to real property. It is not necessary to list every item of property specifically in your Will, the only caveat is that your Will must deal with all of your property in some manner. It is therefore recommended that your Will contains a clause dealing with “all of [your] property” or “all remaining property”.

 

A badly written Will can not only lead to delays and disputes, but it may also be deemed invalid.

 

The Executor

 

So what is the executor?

 

The executor is the person charged with executing the instructions left by you in your Will. Essentially this means gathering all your assets, paying off your debts and distributing the remaining assets in accordance with your Will.

 

The executor often also arranges the funeral and makes initial contact with the beneficiaries.

 

If you have left property or investments, it is the executor’s job to arrange for them to be looked after. If you have distributed assets to persons under age, it is also the executor’s job to set up any required trusts and maintain these for as long as required.

 

The role of the executor can be complex and time consuming so it is important you nominate someone that can appropriately take on this position.

 

Superannuation and Life Insurance

 

Something to keep in mind when you write your Will is that superannuation and life insurance policies are not automatically considered by the law to be a part of your estate. After you pass, these policies are dealt with by the trustee of the fund.

 

However, most funds will give you the option of making a death nomination, which allows you to elect those who will benefit from your policies. When making a death nomination there are a combination of options you can choose from, typically being binding (the trustee will be bound by your nomination) or non-binding (the trustee can use its discretion) and lapsing (it must be renewed every three years or as otherwise directed by the fund) or non-lapsing (it will remain valid until you pass). It is often our recommendation that you elect a binding non-lapsing death nomination, however this will depend on who you wish to leave the benefit of these policies too.

 

This process is similar with self managed superannuation funds, however it is important to note there are additional rules and regulations that govern these types of policies that need to be taken into account when making a death nomination or determining who you want your superannuation to be distributed to.

 

Taxes

 

Lastly, it should be noted that whilst there is generally no tax on inheritance in Australia, there may be tax implications if your executor resides outside Australia (this is because the tax residency of the executor determines the tax residency of your estate) or your beneficiaries reside outside Australia.

 

Further, beneficiaries may have tax obligations for the assets inherited once assets are disposed of (i.e. on the sale of real property capital gains tax may apply) or for income dervied from assets inherited (i.e. income tax may apply for dividends from shares or rent from real property).

 

Conclusion

 

Wills are a great insurance that the fruits of your labor are distributed to the people of your choosing and ensuring your loved ones are provided for after your passing.

 

If you would like assistance with preparing or amending your Will we would be more than glad to help out. Please contact our office on (08) 9321 5451 or office@bailiwicklegal.com.au for more information.

 

The contents of this article does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. It is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. The material may not apply to all jurisdictions. You should seek legal advice or other professional advice in relation to any particular matters you may have.


By Danielle Edwards (Senior Associate)

 

October 29, 2026
For many growers, the biggest barrier to pursuing a claim is not the legal process itself. It is the relationship. In regional communities, suppliers, agronomists and growers often work together over many years, and many farmers are understandably reluctant to raise concerns if they believe it may damage a valued business relationship. Recent discussions regarding the performance of certain canola varieties have highlighted an important issue for farming businesses: protecting your legal rights does not necessarily mean taking an aggressive approach or ending a long-standing commercial relationship. Where concerns arise about the performance of a seed variety, chemical or other agricultural product, growers are often hesitant to make inquiries or seek compensation because the supplier may be a trusted local business or a person they have dealt with for decades. However, raising legitimate concerns and seeking advice should not be viewed as a personal attack. In many cases, suppliers will notify their insurer as soon as a significant claim is raised. From that point, discussions regarding liability and compensation are often managed by insurers, loss assessors and legal representatives. As a result, a grower may effectively be dealing with an insurance claim rather than a dispute directly with the supplier. That distinction is important. A claim can often be investigated and resolved without permanently damaging an otherwise productive business relationship. At the same time, growers should be aware that not every supplier is insured for every type of loss. Some businesses may not carry insurance that responds to large-scale agricultural claims, while others may not have sufficient coverage where multiple growers are affected. Early advice can therefore be critical in understanding both your legal position and the practical realities of recovery.  If you are experiencing concerns regarding crop performance, keep detailed records, retain product packaging, batch information, invoices and correspondence, obtain independent agronomic advice, and seek legal advice before signing any settlement agreement, release or non-disclosure agreement (NDA). Protecting your rights does not have to mean burning bridges. Often, the best outcomes are achieved through early communication, careful investigation and practical resolution. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
October 29, 2026
One of the most common concerns we hear from growers experiencing issues with agricultural products is: "I don't want to sue someone I've known for years." In regional communities, business relationships matter. Suppliers, agronomists and growers often work together over many seasons, and many farmers are understandably reluctant to take action if they believe doing so may damage those relationships. However, pursuing a claim does not necessarily mean attacking a long-standing business relationship. In many cases, the supplier will notify its insurer of the claim and the matter will be managed by the insurer and its representatives. Where insurance is available, discussions regarding compensation often proceed through the insurer's claims process rather than as a personal dispute between grower and supplier. For that reason, growers should not assume that raising legitimate concerns about product performance will automatically result in the loss of an important commercial relationship. That said, every situation is different. Some suppliers may not carry insurance for particular losses, and others may not have sufficient insurance coverage to respond to multiple large-scale claims. In those circumstances, early advice can be particularly important, both to preserve evidence and to understand the practical options available. If you believe a seed variety, chemical or other agricultural product has not performed as represented, keep detailed records, obtain independent agronomic advice and seek legal advice before signing any settlement agreement, release or non-disclosure agreement. The earlier advice is obtained, the more options are generally available. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.
October 29, 2026
Recent concerns regarding the performance of certain canola varieties have attracted significant attention across the Western Australian grain industry. The issue was recently discussed on the ABC WA Country Hour, where Philip Brunner, Director of Bailiwick Legal, commented on the legal issues that may arise when agricultural products fail to perform as expected. Farmers understand that crop performance can be affected by seasonal conditions, rainfall, frost, pests, disease and other factors beyond their control. However, different considerations may arise where a seed, chemical or agricultural product does not perform consistently with the representations made by the supplier at the time of sale. A well-publicised dispute involving John Snooke, a grower from Cunderdin, highlighted these issues when concerns were raised regarding the performance of a herbicide-tolerant canola variety. Following intervention by the WA Department of Consumer Protection, compensation was ultimately paid to affected growers. As input costs continue to increase, growers should be aware that legal protections may be available where a product: Does not match its description; Is not fit for its intended purpose; or Fails to perform in accordance with representations made by the supplier. If a crop is underperforming, growers should retain seed tags, invoices, marketing materials and paddock records, obtain independent agronomic advice and notify the supplier as soon as possible. Early evidence can be critical in assessing whether a legal claim may exist. Importantly, growers should not sign any settlement agreement, release or non-disclosure agreement (NDA) without first obtaining independent legal advice. These documents may limit future rights or prevent growers from discussing the issue with others who may be similarly affected. Author: Matilda Lloyd, Associate Director of Bailiwick Legal, assists farming families and agribusinesses throughout Western Australia with commercial disputes and risk management. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.