It’s something we hear all the time:
“I’ll get around to it eventually.”
“I don’t really have anything to leave.”
“My partner will get it anyway, right?”
But when it comes to Wills, “eventually” often never comes — and the consequences can be serious.
Our 2025 Inheritance State of Play in WA Report recent findings indicate that 60% of women either do not have a Will, are uncertain whether their Will is valid, or have not updated their Will in over 10 years. This is particularly significant given that women are expected to inherit the majority of the $5.4 trillion in intergenerational wealth transfers occurring across Australia as we speak.
So why the gap? And why does it matter now more than ever?
Myth-busting “I don’t have anything to leave”
One of the most common reasons women give for not having a Will is the belief that they have nothing of value to leave behind. But this perception rarely matches reality.
Even a modest estate can include more than you think, such as your superannuation, life insurance, a share in the family home, a vehicle, or personal items with both sentimental and financial value. In fact, a lot of superannuation also includes a life insurance policy which can significantly increase the estate’s value.
The misconceptions that I do not have anything to leave can leave families exposed to delays, disputes, and outcomes that may not reflect your wishes. Our research shows that many women continue to underestimate the value of their assets and are unaware of what actually happens and legal implications when no Will is in place.
No Will? Here’s what happens
Another common assumption is that “everything will go to my partner anyway.”
In Western Australia, this is not guaranteed. If you die without a valid Will, your estate is handled under a fixed legal formula outlined in the Administration Act 1903 (WA). This often means your partner doesn’t automatically inherit everything, and they may have to share it with children or extended family.
This process, known as intestacy, can result in outcomes that feel unfair, particularly in blended families or where young children are involved. Someone you wouldn’t have chosen could be appointed to manage your estate, and the process can cause significant delays, incur legal fees, and create emotional stress for the loved ones.
We have explored the full legal framework and its real-world implications in greater depth in our detailed article “what happens if you die without a Will in Australia”.
The women wealth tsunami
Australia is experiencing the largest intergenerational transfer of wealth in history – and women are set to receive the lion’s share.
Our report shows that women are expected to inherit around 65% of that $5.4 trillion, placing over $3 trillion into female hands over the coming decades.
Despite this seismic shift, women remain less likely to have an estate plan in place, less inclined to seek professional advice, and more likely to underestimate and under-value their assets. When combined factors such as longer life expectancy, rising divorce rates, and growing responsibilities as Executor or Trustee, the risks of not having a valid Will are more pronounced.
Why having a Will is powerful, not grim
A Will is not reserved just for the wealthy, the elderly, or the overly cautious about the future. It is a practical and empowering tool to take control of your legacy.
A properly prepared Will gives you control. It lets you decide who inherits what, who manages your estate, and who cares for your children if needed. It can protect vulnerable beneficiaries, reduce the chance of family conflict, and make sure your wishes are clear and legally enforceable.
Getting organised isn’t grim. It’s a thoughtful step that brings certainty and peace of mind to you and those closest to you.
Simple steps to take to get started
Start by checking whether you actually have a valid Will (and how long ago it was written). If it’s more than a few years old, or your circumstances have changed, it probably needs reviewing.
You’ll need to think about:
- Who should manage your estate
- Who should inherit (and who shouldn’t)
- Who would care for your children, if needed
- Whether there are any risks like family conflict or financial vulnerability which need careful planning around
If you have never made a Will, don’t worry- it is probably simpler than you might think. An experienced estate planning lawyer will guide you through the process, ask the right questions and help you put a plan together that works for your life and your family.
Take control of your legacy
The numbers speak for themselves. Too many women are stepping into major financial roles without a valid Will or clear plan in place. And with more wealth set to transfer into the hands of women than ever before, the risks of doing nothing are only growing.
Estate planning is not a conversation for the future or one to put off, it is a priority for today. Estate planning is one of the most effective ways to protect your assets, your loved ones and your legacy.
If you are ready to take control, our experienced estate planning lawyers in Perth are here to help. We will guide you through it, step by step, with advice that makes sense and documents that stand up when it matters most.
