7 common myths about wills and estate planning in Victoria 

Many people delay their Wills and Estate planning because they believe common misconceptions that aren’t true. These misunderstandings can create stress, legal problems, and outcomes that do not match your wishes. In this blog, Whyte Just & Moore clears up seven common myths we often encounter and explains why proper planning matters. We also outline how our Geelong law firm helps you protect your future with the support of an experienced estate planner. 

1. “My super will follow my Will” 

Superannuation does not automatically form part of your estate. Your fund decides who receives it unless you have a valid, binding death benefit nomination in place. Proper Wills and Estate planning ensure your nomination aligns with your intentions and is kept up to date, particularly after significant life changes. 

2. “Everything will go to my partner automatically” 

This is not always true. What happens depends on how your assets are held and how Victorian intestacy laws apply. Assets held as joint tenants generally pass to the surviving owner, but many other assets do not. A clear Will and Estate plan helps ensure your assets go to the right people, in the right way. Our Geelong law firm guides you through each rule, so you understand what applies. 

3. “A DIY Will is good enough” 

DIY kits almost always miss the necessary legal steps. Many are rejected or unclear, which leads to disputes. A lawyer can explain your options and prepare a document that works in real life. That way, your will and broader Wills and Estates plan can properly cover things like minor beneficiaries, trusts, blended families, and business interests. 

4. “A once-off will last forever” 

Your will should reflect your current life. For example, changes in relationships, having children, acquiring assets, and certain circumstances will affect your final wishes. Regular updates keep your plan up to date and will reduce future conflicts. We generally recommend reviewing your Wills and Estate plan every few years, or sooner if something significant changes. 

5. “I don’t have enough assets to need a Will” 

A will isn’t just for people with a large estate. Even smaller estates include things that require decisions, such as personal items, bank accounts, vehicles, and superannuation. Wills and Estate planning also enables you to choose an executor and outline clear directions for your loved ones. Without a will, your estate is distributed according to a strict legal formula, which may not reflect your final wishes. 

6. “My family will sort everything out” 

In many cases, families often disagree about what someone “would have wanted”. These disagreements can cause tensions, delays, and legal claims. Therefore, a clear will can remove this risk. A will gives your family a sense of direction and certainty during a difficult time. Whyte Just & Moore is equipped with skilled estate planners who can help you make intentions clear and legally sound. 

7. “Estate planning is only about dividing aassets” 

Good planning can do much more than distribute assets. It can also help you appoint guardians, medical or financial powers, manage trusts, and support vulnerable family members. Wills and Estate planning offer peace of mind because nothing is left to chance. An estate planner in Geelong can help you build a complete plan that suits your family and goals. 

Make a start on your wills and estate planning with Whyte Just & Moore 

You deserve clear advice that protects your wishes and your loved ones. Our lawyers at Whyte Just & Moore support clients across Geelong with Wills and Estate planning that’s practical, thorough, and tailored to your circumstances. Our team takes the time to understand your needs and guide you through each step with care. 

To get started on your Wills and Estate planning, book an appointment today with our experienced team by visiting our website or calling (03) 5222 2077.