Florens Florens Integrative Family Law
Expertise

Making or updating a will

A will is the clearest way to say who should receive what you leave behind and who should look after it. We prepare wills that fit your family as it is now, not as it was when you last thought about it.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Sophie Pettigrew listening to a client

Without a valid will, your estate is divided under a fixed formula set by the law of your state or territory. That formula may not match your wishes, and it takes no account of blended families or a recent separation.

A well drafted will names your executor, sets out your gifts, appoints guardians for young children and deals with the assets that sit outside your will, such as superannuation and jointly owned property.

Because we are family lawyers, we look at your will alongside your relationship, your children’s arrangements and any property settlement, so everything points in the same direction.

A cup of coffee on a timber table

Life events that call for a new will

Marriage can revoke an earlier will in most states and territories. Separation usually does not, which means a former partner may still inherit or act as executor.

Re-partnering, the birth of a child, buying property or starting a business are all good reasons to review what you have.

Wills after separation

How we can assist

From a first will to a full review after a change in your family, we keep the process clear and simple.

Superannuation and jointly owned property do not always pass under your will. We explain what your will can and cannot cover.

How we prepare your will

Most wills are ready to sign within a few weeks.

Call 1300 739 954
  1. Initial conversation

    We talk about your family, your assets and what matters to you.

  2. Review what you have

    We look at any existing will, superannuation nominations and how your property is owned.

  3. Advice and options

    We explain your choices, including executors, guardians and any trusts.

  4. Draft for your review

    We prepare a draft in plain English and refine it with you.

  5. Signing

    We supervise signing so the will meets every formal requirement.

  6. Safe keeping

    We store your original will and remind you to review it as life changes.

Ready to make or update your will?

Talk to us about getting it right.

Why a will matters

A will protects the people you love from uncertainty, delay and avoidable cost.

Your choices

Your estate passes to the people you choose, not under a fixed formula.

Your children

You can appoint guardians and protect what they inherit.

Your executor

The person you trust is in charge, not a court appointed administrator.

Common questions about making or updating a will

What happens if I die without a will?

Your estate is divided under the intestacy rules of your state or territory, and someone must apply to the court to administer it. The result may not reflect your wishes.

Does separation cancel my will?

Usually not. In most states and territories, separation leaves your will in place. Divorce revokes gifts to a former spouse, but it is still better to make a new will.

Can I appoint a guardian for my children?

Yes. You can name a guardian in your will. The surviving parent usually continues to have parental responsibility, so we explain how the appointment works in your situation.

Who should be my executor?

Someone you trust who is organised and able to deal with paperwork, banks and family. You can appoint more than one person, or a professional executor.

Does my will cover my superannuation?

Not automatically. Super is paid according to a valid nomination or at the trustee’s discretion. We review your nominations alongside your will.

How often should I update my will?

Whenever your circumstances change, and as a general rule every three to five years.

A will that reflects your family today.

Start with a short conversation about your family and what you would like your will to do.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.