What should a good Will actually include?
Published: 7 August 2026 | Last Updated: 7 August 2026
Most people know they should have a Will. But what actually needs to be in one. If you're about to make a will, or updating an old one, here's what a properly drafted will should cover.
Who will be your executor?
Your executor is the person responsible for carrying out your wishes: they arrange your funeral, apply for probate, pay debts, and distribute your assets. Choose someone you trust who can handle the administrative load, and name at least one backup executor in case your first choice can't act.
A guardian for your children
If you have children under 18, your Will should name a guardian to care for them if both parents die. Without this, the decision may end up with the Family Court, at a time your family can least afford the uncertainty.
How debts and expenses are paid
A good will sets out how funeral costs, debts, and administration expenses are covered, so your executor isn't left guessing.
Specific gifts
You can leave specific items or amounts to particular people. Specific gifts might include:
A sum of money, such as $10,000 to a grandchild
A particular item, like a piece of jewellery, a watch, or a painting
A vehicle, such as the family car or a farm ute
Livestock or a piece of equipment, which often matters on rural properties
A gift to a charity or community organisation you care about
It helps to be clear and specific when you describe each gift, so there's no confusion later about what you meant. It's also worth thinking about what happens if the item no longer exists when you die, or if the person you've left it to has died before you. This is where getting professional help to write your Will is important.
A residue clause
Just as important is a residue clause, which deals with everything left over once specific gifts, debts, and expenses are paid. A will without one can leave part of your estate undirected. When that happens, it may be distributed under the intestacy rules, which set out a fixed order of who inherits, and that order might not reflect what you would have chosen. A clear residue clause avoids that gap, so nothing is left to chance.
What your will can't cover
Many people assume a will controls everything they own. It doesn't. Superannuation is generally paid according to your death benefit nomination with your fund, not your will. Assets held as joint tenants (which is common for family homes) pass automatically to the surviving owner.
A properly drafted will accounts for what it can, and can't, control.
When a simple will isn't enough
Blended families, business or farming assets, or beneficiaries who may need extra protection can all call for more than a standard will. Perhaps your estate plan needs greater flexibility for your family, or you want to build some extra protection and guidance in.
This is where good advice makes a difference. Our team specialises in wills and estates, and we'll help you explore your options and prepare a will that truly looks after the people who matter to you.
Keep it current
Marriage, divorce, new children, moving overseas and significant changes in assets can all affect whether your will still does what you intend. Reviewing your will every few years, or after a major life change, is a good idea.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.