Why Summer Is the Best Time to Make or Update Your Will

Why People Avoid Making a Will

Estate planning triggers three common reactions: discomfort, procrastination, and avoidance.

Many people think:
“It’s too morbid.”
“I don’t have much to leave yet.”
“I’ll do it after the holidays… or next year.”

But major life events – buying a property, having children, refinancing, separation, receiving an inheritance – mean your Will may already be outdated.

According to NSW Trustee & Guardian (2023): Fewer than 50% of adults have a valid Will.

Many Wills no longer reflect people’s current lives.

Over $12 Billion in estates remain unclaimed nationwide due to missing or invalid documentation.

The biggest risk is waiting until it’s too late.

What Happens If You Die Without a Valid Will?

If you pass away without a valid Will, your assets are distributed under the Succession Act 2006 (NSW) — not according to your wishes.

This may mean:

• A partner, step-child or blended family member receives more (or less) than you intended.
• The NSW Trustee & Guardian may become involved.
• Loved ones face unnecessary stress, delays and legal costs.

A valid Will ensures your wishes, not the NSW intestacy rules, determine how your estate is distributed.

Why Summer Is the Best Time to Make or Update Your Will

More clarity, fewer commitments. 

During the holidays you finally have the headspace to focus on important tasks without the pressure of everyday life.

Family conversations feel easier.

Talking about Wills doesn’t need to be awkward. The holidays naturally bring everyone together, creating the perfect moment for a calm, practical chat about the future.

A lot can happen in a year.

Bought a home? Refinanced? Had a child? New relationship? New assets? It’s time to update your Will.

A fresh start for the new year.

Making or updating your Will now gives you peace of mind heading into 2026.

The $12 Billion Problem Nobody Talks About

Australia currently has over $12 billion in unclaimed estates, often because:

• A Will was never created
• A Will was not witnessed correctly
• A Will was out of date or contradicted other documents

Every year, thousands of NSW estates are delayed or transferred to the government trustee.

Don’t let your legacy become another number in this statistic. A valid Will ensures your assets reach the people you choose.

Frequently Asked Questions: Wills & Estate Planning in NSW

Q: How often should I update my Will?
A: Every 2–3 years, or after major life events like buying property, marriage, separation, or having children.

Q: Is a DIY Will kit enough?
A: Usually not. Many DIY Wills fail NSW witnessing and signing requirements, making them invalid or open to dispute.

Q: Does superannuation form part of my estate?
A: Generally no. To ensure your super goes to the right person, you’ll need to lodge a Binding Death Benefit Nomination with your super fund.

Q: Do I need both a Power of Attorney and an Enduring Guardian?
A: Yes. 

• Power of Attorney: manages your finances and legal affairs.
• Enduring Guardian: makes health, lifestyle and medical decisions if you can no longer do so.

How Lamrocks Solicitors Penrith Can Help

Lamrocks have been protecting families across Penrith, Western Sydney and the Nepean region for over 140 years.

Our Will & Estates team – including Accredited Specialists – can assist with:

✔ Preparing or updating your Will
✔ Powers of Attorney and Enduring Guardianship
✔ Testamentary Trusts
✔ Protecting vulnerable beneficiaries
✔ Probate and estate administration
✔ Family provision claims and Will disputes
✔ Elder law and aged-care agreements

Estate planning isn’t about death – it’s about protecting what you’ve built, and the people you love.

Ready to tick this off your list before the new year?

Your Will is one of the most important documents you’ll ever prepare.

If you’ve been putting off making or updating your Will, now is the ideal time to take care of it.

Speak with Lamrocks’ Wills & Estates team today.