How to Make a Will: A Guide to Estate Planning
Estate planning is the process of preparing for the management and distribution of your assets in the event of death or incapacitation. A key aspect of this is knowing how to make a will, which ensures that your personal assets, as well as assets you control (such as those in trusts, superannuation funds, or life insurance policies), are distributed according to your wishes.
Creating a will is often the starting point, but a comprehensive estate plan involves much more. It provides a clear strategy to make sure all aspects of your estate are properly managed.
Why You Should Make a Will
- Ensures your assets are distributed as per your wishes
- Controls the distribution of assets outside your estate (e.g., superannuation, trusts)
- Appoints executors to administer your estate
- Names guardians for any underage children
- Makes your estate plan tax-effective
- Helps prevent disputes between beneficiaries
- Plans for potential incapacitation
- Assists your family with decision-making in challenging times
- Prepares for business succession

Holzworth Legal Estate Planning Services
At Holzworth Legal, our estate planning services begin with reviewing your assets and any assets you control to ensure your wishes are carried out. We can assist with:
- Personal assets
- Company and trust structures
- Business partnerships
- Self-managed superannuation fund trust deeds and nominations
- Life insurance policies
We also prepare binding death benefit nominations and address control of personal and non-personal assets. Executing your estate plan may involve transactions such as asset transfers or loan agreements.
How to Make a Will: Document Preparation
A basic estate plan typically involves preparing a will, sometimes including testamentary trusts.
However, more complex estate plans—especially those involving businesses or self-managed super funds—may require additional documentation.
Powers of Attorney: An Essential Component
When learning how to make a will, it’s also crucial to prepare a power of attorney. This legal document gives someone the authority to act on your behalf.
An enduring power of attorney remains valid if you become incapacitated, especially for decisions related to finance and health.
Estate Administration and Litigation
Estate administration involves the management and distribution of a deceased’s assets. This may include applying for probate or letters of administration. In addition, estate litigation may arise if there are disputes or challenges to the will, including family provision claims.
By understanding how to make a will and engaging in proper estate planning, you can ensure your assets are managed according to your wishes, while protecting your family’s interests.
Holzworth Legal’s real-life case studies reveal the costly and stressful consequences of not having a Will. These stories show how proper estate planning ensures your wishes are followed and protects your loved ones from legal battles.