The One Asset People Forget to Put in Their Will (And It’s Usually the Messiest One)
Have you ever wondered why families fall out over things that “aren’t worth much”? By the end of this blog, you’ll know exactly which asset is most often forgotten in a will, why it causes the biggest arguments, and the simple steps you can take now to protect your family from stress, confusion, and unnecessary disputes.
The asset no one thinks about
When people come to see me about a will, they usually talk about the house, the savings, and maybe their super. What they almost never mention are personal belongings. I’m talking about jewellery, sentimental items, family heirlooms, photos, collections, and even things like tools or artwork. These are often the messiest assets because they come with memories, emotions, and expectations that money doesn’t.
Why this causes so many family fights?
I’ve seen families fall apart over items that have very little dollar value but huge emotional weight. One person assumes they’ll get Mum’s wedding ring. Another thinks Dad promised them the guitar. When nothing is written down, everyone remembers the story differently. That’s when confusion turns into resentment, and resentment turns into disputes that could have been avoided.
Why people forget this asset?
Most people don’t forget on purpose. They assume personal items will “sort themselves out” or that their executor will handle it fairly. The problem is, executors can’t read minds. Without clear instructions, they’re left guessing, and guessing is dangerous when emotions are high.
The real risk of leaving it vague
If personal items aren’t dealt with clearly, they can delay the estate administration and create lasting damage between family members. I’ve acted in matters where relationships never recovered, all because no one took five extra minutes to write down who should receive what.
Simple steps to avoid the mess
Start by making a list of items that matter, not just financially, but emotionally.
Be clear about who should receive each item and why, if it helps explain your choice.
Update the list if circumstances change, such as relationships, marriages, or falling out.
Make sure your will properly refers to how these items are to be distributed, so your executor has clear authority to follow your wishes.
Why this matters more than you think
A well-drafted will isn’t just about dividing assets. It’s about protecting the people you leave behind. When your instructions are clear, you remove doubt, reduce stress, and give your family the chance to grieve without fighting.
When people ask me what makes a “good” will, I always say clarity. The assets people forget are often the ones that matter the most to those left behind.
It’s not about the value of the item, it’s about the value of peace.
DISCLAIMER
This commentary is published by HazeLegal for general information only—it’s not legal advice. If you have questions or need advice for your specific situation, we recommend speaking to a lawyer or reaching out to us at http://hazelegal.com.au before making any decisions.
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