Busting common myths about Wills in NSW: what you need to know in 2026

Wills are one of those things we all know we should sort out, but too often, misinformation keeps us from getting it right. In New South Wales, where the Succession Act 2006 governs how your estate is handled, myths about Wills can lead to costly family disputes, invalid documents, or even unintended tax hits. With estate values rising amid property booms in Sydney and regional spots like the Southern Highlands, now's the time to separate fact from fiction.

We've seen it all at Kells, from DIY Wills that unravel in court to clients shocked by superannuation surprises. Here are four of the biggest myths we hear every week, debunked with NSW specific insights.

Myth 1: "My Will is done, I don't need to review or update it"

Reality: Life changes fast, whether it be a new baby, a marriage breakdown, or the purchase of property. Under NSW law if you marry your current Will is automatically revoked unless it states otherwise.

Pro Tip: Review your Will with an experienced solicitor every three to five years, or after major life events.

Myth 2: "I do no need a Will, I have nothing"

Reality: To ensure your assets whether large or small are passed to the person who you wish to inherit your items, you need a Will in place. Under NSW law, there is a set order of how your estate will be distributed if you die without a Will. This means your personal items could end up in the hands of a person who you do not want to leave anything to.

Pro-Tip: We handle cases where people die without a Will which can cause significant stress on family members or close loved ones who believe the person had alternate intentions. Save the drama and get a Will in place!

Myth 3: "I can disinherit my child completely or leave them $1 so they cannot challenge my Will"

Reality: While you have testamentary freedom, under NSW law adult children can still contest your Will if they can prove "inadequate provision" for their proper maintenance, especially if they are facing hardship.

Pro-Tip: You need to protect your estate in the best way possible which could mean changing the structure of your assets or leaving further documents to support your testamentary wishes as to why you do not want your child to receive an inheritance.

Myth 4: "Superannuation and joint assets automatically go to my partner"

Reality: Not always. Super death benefits will follow your binding nomination (pending the validity) which will bypass the wishes in your Will entirely. Jointly owned property passes to the surviving person mentioned on title. Sometimes you may forget that you nominated a beneficiary for your super who is not your partner or you may own a property with another person who is not your partner.

Pro-Tip: Ensure your binding death benefit nomination is up to date and that your jointly owned assets are owned with a person whom you wish to inherit your share on your death.

The Bottom Line: do not let these common myths affect your estate

Wills are not just legal documents, they are your final gift to your family, minimising stress and maximising what they receive. In the evolving landscape of NSW, a tailored Will is more crucial than ever.

At Kells, we're here to cut through the noise with expert advice across Sydney and the Illawarra region. Your peace of mind starts with one call, let's make sure your Will is myth-proof.