Figures from the NSW Trustee and Guardian show on average, 45 per cent of Australians do not have a current will.

If you die without a will, no one knows for certain who you wanted as your executor or your beneficiaries. Put simply, it could lead to unwanted people getting a share of your estate.

While talking about death is something few people want to do, dying without a will can put further stress on family members during what may be one of the most difficult periods they will ever have to face.

For many, the family home is the most valuable asset that needs to be divided up, and failure to plan could lead to expensive mistakes.

Having seen the troubles families have had to face as a result of a someone dying with no will or a badly-written one, real estate agent Peter Taliangis, head of residential sales at Nicheliving, and solicitor Catherine Hopkin of Cariad Legal decided to co-author the publication Death and Real Estate: 101 Questions Answered.

Mr Taliangis said unclear instructions and bad drafting of a will could cause years of heartache and damage to property value.

“A bad will or no will can cost your family and your loved ones a long and protracted dispute over your house and other property,” he said.

“I have seen horrible situations that have dragged on for years and are still not resolved.  That isn’t a burden you want to leave your family.”

Mr Taliangis said adult children were the most common claimants in contesting a will.

“Most cases are driven by exclusion or disparity in distribution. And these cases have a high success rate, with 77 per cent of claims being successful,” he said.

“So the bottom line is, get your will done properly, because no matter how you word it, if it is unfair, those affected do their best to get their share. People’s true colours show when money is involved. Even in the case of a straightforward, unchallenged will you need to allow two months for probate, and twelve months for the administration of the estate. Add in a dispute and you are looking at years. By creating a valid, legal will, you will save your family members a lot of time and money in the aftermath of your death.”

Mr Taliangis said it was not uncommon for families to disagree on a property’s value.

“For example, Dad’s said it’s worth a million and it shouldn’t be sold for anything less, but it might only be worth half that, and the kids have a figure in their head based on an emotional attachment to the property so they don’t want to just ‘give it away’, even though the figure they have in their heads might actually be really out of tune with the market,” he said.

“Disputes can also arise because maybe there are children who weren't named in the will and they want a share of the house – sometimes children who have been living interstate or overseas appear out of the woodwork.

“Other complications arise when the deceased owns property overseas and an Australian will doesn’t cover property in Europe or wherever.

“Consider also, is there a surviving parent living in the house, or what if Mum and Dad have died and one of their children or a nephew, perhaps, is living in the property? Quite often no arrangement has been made to specify what should happen. Do you kick the family member out on the street? If they stay, who pays the bills? Does the estate keep paying rates, taxes and upkeep?

“The more things you ask yourself, the more possibilities you prepare for, the more you understand the process and the detail, the better off you will be. Get it wrong and, on top of everything else, it could cost you hundreds of thousands of dollars.”

Ms Hopkin said writing a final testament was often cast into the “too hard” basket, but the process did not have to be difficult. 

“People often come to me after having talked about doing their wills for years but always having put it off.  When they finally come to me, they are invariably pleasantly surprised at how smooth and easy the process is,” she said.

“Their sense of relief and accomplishment felt after having finalised their documents is clear. Knowing that you’ve ‘ticked that box’ is a great feeling.”

Mr Taliangis said the main message was “don’t wait until you’re on your deathbed in hospital to worry about who gets what”.

“Accidents happen every day. Make sure your will sets out clear instructions for your property so you don't give your family the worst headache ever,” he said.