What is an Ethical Will in NSW?

ethical will

30th September, 2025

Estate planning is more than just dividing up your belongings. It’s also about passing on your values, stories, and life lessons. An ethical will is a personal document that lets you share these important parts of yourself with your loved ones. While it has no legal standing in Australia, it can play a valuable role in your estate planning process.

 

What is an Ethical Will?

An ethical will is not a legal document like your Will. Instead, it’s a heartfelt message that communicates your personal values, experiences, and hopes for the future. People often use ethical wills to share family traditions, express gratitude, or give advice to younger generations.

Although it cannot distribute assets or override your legal Will, an ethical will can help explain your choices. For example, you might use it to provide context around gifts left in your Will or to offer emotional support to those left behind.

 

Why Include an Ethical Will?

Ethical wills are becoming more common in Australia as people seek to leave behind more than just money. They offer several meaningful benefits:

  1. Pass on your values
    You can share lessons that shaped your life, highlight causes you care about or encourage charitable giving.
  2. Build stronger family connections
    By sharing stories and expressing love, ethical wills can bring comfort and strengthen bonds across generations.
  3. Add depth to your Will
    While your Will distributes your assets, your ethical will shares the “why” behind those decisions.
  4. Reduce misunderstandings
    An ethical will can clarify choices made in your legal Will, helping to prevent confusion or conflict.

 

How to Write an Ethical Will

There is no strict format. You can write a letter, record a video, or create a digital scrapbook. Whatever form it takes, your ethical will should be personal and honest. Here are a few tips to get started:

  • Reflect on your values: What matters most to you? What beliefs guided your decisions in life?
  • Consider your audience: Who are you writing to? Tailor your tone and messages accordingly.
  • Share life lessons: What do you want your loved ones to remember or carry forward?
  • Express your hopes: What are your wishes for future generations?

 

Ethical Wills and Estate Planning in Australia

In Australia, ethical wills are not legally required and hold no legal authority. However, they can be kept alongside your Will to provide a more complete legacy. Writing one is often recommended to complement your formal estate planning documents.

Ethical wills do not need to meet legal formalities, and they cannot override the terms of your Will. Still, they can offer clarity and emotional meaning that your legal Will cannot provide on its own.

 

How We Can Help

At Castrikum Adams Legal, we help create ethical wills across the Northern Rivers, including, Byron Bay, Ballina, Lismore, and Murwillumbah. Whether you’re updating your Will or curious about any other Estate Planning need, we can guide you every step of the way.

 

If you found this blog helpful, please check out our other blogs on Estate Planning.

The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.