Why Do I Need Backup Beneficiaries in My Will?

Learn why backup beneficiaries and contingency layers matter — and how Will Hero’s visual Will platform lets you plan for every “what if.”

Most people name a few people to inherit their estate — usually a partner, children, or both. But what happens if something unexpected occurs before your Will takes effect?

What if your partner passes away first, or you and your children are involved in the same accident? Without backups, your estate could be distributed under intestacy laws (which vary by state and territory in Australia), meaning your wishes might not be followed at all.

That’s why backup beneficiaries — and an even more advanced concept called Contingency Layers — are vital in every Will.

Will Hero’s Visual Will platform lets you see every layer of your plan at a glance and even test different scenarios to make sure your estate is always protected.

What Are Beneficiaries?

A beneficiary is anyone you name in your Will to receive part of your estate — whether a person, charity, or organisation.

Beneficiaries

Beneficiaries can receive either a specific gift (for example, your jewellery, vehicle, or artwork) or a share of your overall estate (known as the residual estate — everything left after debts, taxes, and expenses are paid).

Co-Beneficiaries

Co-Beneficiaries are two or more people who share the same gift or inheritance. For example, you might name your three children as co-beneficiaries to equally divide your residual estate.

If one co-beneficiary passes away before you, what happens depends on how the gift is structured: if you’ve named backup beneficiaries for that co-beneficiary, their share passes to those backups; otherwise, their share typically passes to the remaining co-beneficiaries.

What Are Backup Beneficiaries?

A backup beneficiary inherits only if your first-choice beneficiary cannot. They act as your built-in safety net to ensure your estate is never left without direction.

This is very common and considered best practice. Most people include backup beneficiaries in their Will. Typical examples include leaving everything to your children if your partner doesn’t survive you, or to your grandchildren if your children don’t survive you. This ensures your estate always goes to the people you care about most, even if circumstances change.

This could happen if your original beneficiary:

• Passes away before you,
• Renounces (declines) their inheritance,
• Cannot be located, or
• Is legally ineligible to inherit.

Without a backup, that portion of your estate could be redistributed under intestacy laws (which vary by state and territory in Australia), which may not reflect your wishes.

Going Beyond – Contingency Layers

Will Hero goes a step further by introducing Contingency Layers — a unique feature not available on any other online Will platform.

A Contingency Layer is a special inheritance rule (based on standard gift-over provisions in Australian Will law) that only takes effect if all previous layers have passed away before you. It acts as a final safety net — ensuring your estate always finds its way to the people, families, or charities you care about most.

Think of it as a “last resort” instruction for when every prior backup has already been exhausted.

Example:

John leaves his estate to his partner Rebecca, who is his primary beneficiary and would receive 100% if she survives him.

If Rebecca does not survive John, her share is split equally between the backup beneficiaries Julie and Albert, each receiving 50%.

If any backup beneficiary passes away before John, their share goes to their own backup beneficiaries (John’s grandchildren). For example, if Julie passes away, her 50% share is divided equally between her children Kelly and Lola.

If all primary beneficiaries and their backups have passed away, John’s first Contingency Layer activates. In this example, that’s his siblings.

If the first Contingency Layer is also exhausted, his second Contingency Layer gives everything to a charity.

This prevents your estate from ever falling into intestacy — it always remains under your control.

Note: This is just an example. Who you choose as beneficiaries, backups, and contingency layers is entirely up to you and should reflect your personal wishes and circumstances.

Why Backup Beneficiaries and Contingency Layers Matter

Protects Your Wishes

They ensure your estate is distributed the way you intended, even if circumstances change.

Prevents Legal Delays

Clear backup instructions eliminate uncertainty and reduce the risk of court intervention.

Adapts to Changing Families

Ideal for blended families, child-free couples, or anyone who wishes to include friends or charities.

Future-Proofs Your Will

With layered backups and contingency planning, your Will remains valid and meaningful even as your family evolves.

Visualising Your Will and Scenario Testing

Most online Wills are just text boxes and dropdowns. Will Hero is different — it’s a Visual Will platform that lets you see your entire inheritance plan unfold as a clear, interactive diagram.

You can:

• See every branch of your inheritance tree,
• Instantly visualise how your estate flows through each backup layer, and
• Test different outcomes in real time using Scenario Testing.

Scenario Testing lets you simulate real-life “what ifs,” such as:

• What happens if my partner passes away before me?
• What if one of my children doesn’t have any descendants?
• What if I want everything to go to charity if my family all predecease me?
• When a co-beneficiary passes away, does their share go to their own backup beneficiaries or flow to the remaining co-beneficiaries? This is one of the most complex aspects of estate planning. Scenario Testing makes it clear by showing exactly how your Will distributes assets in each situation.

Each simulation instantly updates your visual diagram, showing how your plan adapts automatically.

Common Mistakes to Avoid

• Only naming one beneficiary (for example, “my partner”)
• Forgetting to add backups for specific gifts
• Assuming assets automatically pass to family members
• Leaving no final contingency instructions
• Failing to review your Will after major life changes

Important: If you don’t have contingency planning in place and all named beneficiaries are deceased, your estate may be distributed according to intestacy laws (which vary by state and territory in Australia), where the government decides who inherits. Learn more about what happens when you die without a Will.

How Will Hero Makes It Simple

With Will Hero, everything is visual, interactive, and precise.

• Build unlimited layers of beneficiaries and backups
• Add Contingency Layers for complete coverage
• Automatically rebalance shares and percentages
• Test complex real-world family structures
• Preview every outcome with Scenario Testing

You’ll never have to wonder what would happen — you can see it for yourself.

How Will Hero Can Help

Creating a comprehensive Will with backup beneficiaries and contingency layers doesn’t have to be complicated. Will Hero makes the process straightforward and safe:

• Visual Will Platform: See your entire inheritance plan as a clear, interactive diagram. Visual Will lets you see every branch of your inheritance tree, how your estate flows through each backup layer, and adjust shares to precise percentages — all in one view.
• Scenario Testing: Test different “what if” situations in real time. Scenario Testing lets you simulate outcomes like “What happens if my partner passes away first?” or “What if all my children predecease me?” Each simulation instantly updates your visual diagram.
• Unlimited Layers: Build as many backup beneficiary layers as you need. Will Hero supports complex family structures, blended families, and multiple contingency plans.
• Contingency Layers: Add final safety nets that only activate if all previous beneficiaries have passed away. This ensures your estate never falls into intestacy.
• Easy Updates: Update your Will whenever your family situation changes — new relationships, children, or beneficiaries. Make unlimited changes throughout your 12-month subscription period. After the subscription period, you can still access and view your Will, and you can renew your subscription to make further edits.
• Will Provisions Library: Access a comprehensive library of standard Will provisions to customize your estate plan. The Will Provisions Library helps you add specific clauses and conditions tailored to your needs.
• Expert Guidance: Get help with understanding backup beneficiaries, contingency planning, and how to structure your Will for maximum protection. Learn more about making a legally valid Will in Australia.

Will Hero helps you create a Will that protects your wishes in every possible scenario — from primary beneficiaries to final contingency fallbacks. For particularly complex estates, you can use Will Hero to get started, then consult a lawyer for additional advice if needed.

Plan Smarter with Will Hero

Backup beneficiaries and Contingency Layers aren’t just optional extras — they’re essential tools for making sure your estate plan is truly complete.

With Will Hero’s visual Will platform, you can design, view, and test every layer of your estate plan — from primary beneficiaries to final contingency fallbacks — in one clear, easy-to-understand view.

Start building your future-proof Will today and make sure your wishes always stay in control.

Frequently Asked Questions

Related Articles & Resources