Stories That Changed Minds: Real Australians Who Learned the Hard Way Why a Will Matters

Most Australians know they should make a Will — but few do it soon enough.

Not because they don’t care.

But because it doesn’t feel urgent until something happens that suddenly makes it painfully real.

Below are stories of real Australians and Australian families who learned this the hard way. These are real stories from published accounts and legal cases — not hypothetical scenarios. They show the devastating consequences of dying without a valid Will or failing to plan properly.

According to research, around half of all Australian adults don’t have a Will, leaving their families vulnerable to the situations described below.

1. Quintin’s Story: A Young Life Ends — and the Chaos Begins

When 32-year-old Quintin Bowen died suddenly without a Will, his mother Helen faced a complicated legal and emotional ordeal that stretched on for more than five years. He left cash, three superannuation funds (without binding nominations), and digital assets like cryptocurrency whose access details were unknown to his family. Read the full ABC News account of Quintin’s story.

What happened:

• Quintin’s estate took years to administer. What should have been a straightforward process became a drawn-out legal battle.
• His family had to engage lawyers and navigate unclear beneficiary status across multiple superannuation funds.
• An acquaintance later emerged claiming Quintin owed him money, which had to be resolved to avoid litigation.
• Digital assets were effectively inaccessible because Quintin hadn’t left instructions or access details for his cryptocurrency holdings.

Key lesson:

Even young adults can leave behind complex estates. Without a Will and clear instructions, families can face years of legal process on top of their grief. Digital assets, multiple superannuation funds, and unexpected claims can turn a difficult time into a nightmare. Learn what happens if you die without a Will in Australia.

2. Tim Brigden: Out-of-Date Wills Can Be Just as Painful

Sydney resident Tim Brigden thought he knew where his parents’ estate would go after both died within six months of each other. But despite family beliefs, the only Wills found were from the 1970s, naming beneficiaries long since deceased. The documents were hidden and their existence only became clear months later — after Tim assumed he would automatically benefit.

What happened:

• The family couldn’t initially locate any Will. Tim and his family searched extensively, assuming there must be a current Will somewhere.
• After a second search, outdated Wills were found — but they were from nearly 50 years earlier.
• Because the named beneficiaries had all passed away, Tim faced bureaucratic complexity just to be recognised legally as the beneficiary.
• The delay and confusion added months of stress to an already difficult period of grief.

Key lesson:

A Will is only effective if it’s current and accessible. Outdated or lost documents can create confusion just when a family least needs it. Regular reviews and keeping your Will in a safe, known location are essential. Avoid common mistakes when making or updating your Will.

3. Western Australian Case Law: Bitter Disputes After Intestacy

In Western Australia, several real legal disputes illustrate the emotional and legal consequences of dying intestate — that is, without a valid Will. These cases show how intestacy doesn’t just affect finances — it can lead to public disputes, fraud allegations, family conflict, and legal battles that compound grief. Learn more about these real WA intestacy cases.

Curwood v Codde (2022)

When a man died without a Will, what should have been a private grieving period became a public legal battle — and one that exposed deeply personal relationship details because the family contested whether his de facto partner was entitled under the law.

The case dragged through the courts, with intimate details of the relationship being examined publicly. The family’s grief was compounded by the stress of litigation and the uncertainty of who would inherit.

Barnard v Heptinstall (2019)

A 32-year-old woman’s estate became the centrepiece of a fraud case after a man claiming to be her partner accessed her phone and attempted to change her superannuation beneficiary following her death. He was subsequently charged and imprisoned.

This case highlights how vulnerable estates can be when there’s no clear Will or binding nominations. Without proper planning, unscrupulous individuals can attempt to exploit the situation.

Pryor v Huata (2023)

A 19-year-old’s death without a Will triggered a burial dispute between his parents from differing cultural backgrounds because no Executor had been appointed to enforce an agreed plan.

The lack of a Will meant there was no clear legal authority to make decisions about burial arrangements, leading to additional conflict during an already devastating time.

Key lesson:

Intestacy doesn’t just affect finances — it can lead to public disputes, fraud allegations, family conflict, and legal battles that compound grief. A Will provides clarity and authority when families need it most.

These aren’t rare exceptions — they happen to families across Australia every year. The good news is that most of these situations could have been prevented with proper planning.

4. Superannuation — A Common Hidden Risk

According to Australian research shared with ABC News, millions of Australians have no binding nomination for their superannuation death benefits, meaning trustees may decide who benefits — and not necessarily in line with the deceased’s wishes. See how superannuation death benefits can end up in dispute.

The hidden risk:

In one example, a widow assumed her son would automatically receive his father’s super when he died — only to learn that without a binding nomination, the trustee could legally decide otherwise. The superannuation fund’s trustee made a decision that didn’t align with what the family believed the deceased would have wanted.

Why this matters:

Superannuation and life insurance held inside super funds are generally not controlled by your Will, unless they are paid to your estate. They are distributed according to:

• Binding death benefit nominations (if you have one and it’s still current under your fund’s rules)
• The trustee’s decision (if there’s no binding nomination)

Without a binding nomination, the trustee has discretion — and their decision may not match your intentions. Understand the difference between binding and non-binding nominations.

Key lesson:

Even if you have a Will, superannuation (and life insurance inside super) often falls outside it unless binding nominations are completed correctly — and that oversight is incredibly common. This is one of the most frequently overlooked aspects of estate planning. Learn more about what happens to your superannuation when you die.

5. Adult Children Left Out — When “It Just Happens”

Under the applicable intestacy laws, the spouse inherited the majority of the estate under the intestacy formula when he died without a Will — leaving his adult son with only a small portion of the superannuation benefits. The son later had to make a family provision claim to seek adequate provision from the estate.

What happened:

• The deceased had a spouse and an adult son from a previous relationship.
• Under intestacy laws, the spouse received the majority of the estate.
• The adult son received only a small portion of superannuation benefits.
• The son felt this didn’t reflect his father’s intentions and had to pursue legal action.

The emotional cost:

Beyond the financial impact, the situation created family tension and forced the son to take legal action against his stepmother to seek what he believed was fair. This could have been avoided with a clear Will expressing the father’s wishes.

Key lesson:

Without a Will, the way estates are divided is dictated by law — not by your intentions. This can leave close family members disappointed or feeling unheard. Intestacy laws follow a formula that may not reflect your unique family situation or relationships. Learn more about what happens if you die without a Will.

What All These Stories Show

Across Australia — in many states and territories — the common theme is clear:

Grief and loss are hard enough on their own.

Legal complexity, uncertainty, and bitter disputes make the process far harder for families.

Many of these consequences could have been significantly eased with proper planning and a valid Will.

Whether it’s superannuation, digital assets, blended families, or cultural considerations — a Will isn’t just a piece of paper.

It’s clarity, care, and peace of mind for the people you love.

Want to learn more about creating your Will?

Creating a Will doesn’t have to be complicated or expensive. See how Will Hero works — our visual, step-by-step process makes it simple to create a legally valid Will in about 15 minutes. You can see exactly what you’re creating as you go, and our AI assistant is there to help answer questions along the way.

Your Next Step

If you don’t have a Will or haven’t reviewed yours in the last few years, consider this a gentle but important reminder.

A small amount of planning now can save years of difficulty later — for the ones you care about most.

What you can do today:

• Create or update your Will — Most people finish in 15-20 minutes. Learn about common mistakes to avoid or see how the process works
• Review your superannuation nominations — Ensure they’re binding and current. Understand how superannuation works with your Will
• Store your Will safely — Make sure your Executor knows where to find it
• Talk to your family — Let them know you’ve planned ahead

Will Hero helps Australians create a Will that meets all legal requirements without the high costs or scheduling constraints of traditional legal services. Most people finish in 15-20 minutes, and you don’t need to do it all in one go — you can save and come back anytime.

Further Reading

Want to learn more about estate planning and superannuation? Here are additional resources:

• Nominating a superannuation beneficiary when single without kids — ABC News analysis on superannuation nominations for different life situations
• Who gets superannuation when you die? — ABC News guide to superannuation and inheritance

These stories are based on published accounts, legal cases, and reported experiences. Names have been changed in some cases to protect privacy, but the circumstances and outcomes are real. If you’re facing estate planning challenges, consider consulting with a qualified legal professional for advice specific to your situation.