Wills
Protecting an Inheritance from a Family Law Claim
Read more
Wills
Your Will and Your Social Media Accounts
Read more
Estate Planning
Need Help With Estate Planning?
Most people know that they “should” have a will but that is only the first step in taking control of your affairs.
Having a valid and up-to-date Wills is essential in ensuring that your estate is distributed as you want following your death. However, by meeting with us and discussing your situation, we can advise whether there are steps which can be taken now to avoid or minimise challenges to your will and further stress for those left behind.
Enduring Powers of attorney and advance health directives allow you to choose who makes decisions on your behalf in the event that you become incapable of doing so for yourself. These documents also allow you to give direction as to the type of care you want and how you prefer your affairs to be handled.
If you have been appointed as an attorney and have questions about your responsibilities then we can also assist you. An attorney must act in accordance with the Powers of Attorney act in the terms of the enduring power of attorney so it is essential that advice be obtained before decisions are made.
Wills & Testamentary Trusts
Is your Will Current and Valid?
A Will is a legal document. It names the people you choose to administer your Estate. In addition, it names the people who will receive your assets after your death.
A Will also enables you to nominate a testamentary guardian for your children. A testamentary guardian is the person you choose to care for your children if you die before they turn 18. A current and valid will ensures that your wishes are followed. It also reduces the burden on your loved ones after you have passed.
Who needs a Will? EVERYBODY who is aged 18 years and over.
Enquire Now
Wills & Testamentary Trusts
Do You Need a Testamentary Trust?
A Testamentary Trust is a trust created by a Will.
The purpose of a Testamentary Trust is to protect the inheritance of your Beneficiaries. It can also be used as an effective tax planning strategy. Sometimes third parties can attempt to pursue your Beneficiaries share of your Estate. This can occur as a result of family law matters or even business matters. Testamentary Trusts provide an extra layer of protection.
Enquire NowFAQ
FAQS ABOUT WILLS
What is a Will?
A Will is a legal document. It names the people you choose to administer your Estate. It also names the people or organisations who will receive your assets after your death. A Will also enables you to nominate a testamentary guardian for your children. A testamentary guardian is the person you choose to care for your children if you die before they turn 18. A current and valid Will ensures that your wishes are followed. It also reduces the burden on your loved ones after you have passed.
Who needs a Will?
In short – everyone over the age of 18. Life can be unpredictable. It is heartbreaking to work with grieving loved ones who also must deal with there not being a valid Will.
What happens if I don’t have a Will?
If you do not have a Will, the law will determine who has legal authority to administer your Estate. This includes who receives your Estate. This is not a situation you want for those who are left behind. Please ensure you always have a current and valid Will.
Do I need to prepare my Will with my spouse / partner?
In short, no you don’t. However jointly held assets must be considered. Therefore, we recommend that you do prepare your Will at the same time as your spouse / partner.
Do I need a Testamentary Trust?
A Testamentary Trust can be incorporated into a Will. Testamentary Trusts hold the assets of the deceased. This can be desirable for several reasons including asset protection and taxation. Your experienced Solicitor will be able to provide advice specific to your circumstances.
Who should I choose as my Executor?
It is essential you pick someone you trust to be your Executor. This may be a family member or friend. Your Executor must be over the age of 18. They must also not be bankrupt.
Should I give my Executor or family a copy of my Will?
You are not obliged to give anyone a copy of your Will. However, you do need to ensure that your Executors know that you have made them an Executor. They also need to know who has the original Will. We keep the original Wills of our clients in safe storage, free of charge.
How often should I review my Will?
We recommend that you review your Will every year. In addition, you should review your Will if there is a change in your personal circumstances. Such changes include marriage, death, divorce, separation, illness, incapacity, and the birth of children.
My spouse or partner has passed away, do I need to change my Will?
You absolutely should get your Will reviewed. Depending upon the terms of your current Will it may need to change. We recommend you get it reviewed immediately.
I have separated from my spouse or partner; do I need to change my Will?
You absolutely should get your Will reviewed. Depending upon the terms of your current Will it may need to change. We recommend you get it reviewed immediately.
I have separated from my spouse or partner; do I need to change my Will?
Yes absolutely. And you should do it immediately. Failing to update your Will may result in your ex-partner and others having the ability to make an unwanted claim on your Estate. We understand that separations are difficult. However, we urge you to make this matter a priority.
I have just been diagnosed with a significant illness do I need to change my Will?
You absolutely should get your Will reviewed. Depending upon the terms of your current Will it may need to change. Failing to update your Will may result in your children’s ex-partner having the ability to make an unwanted claim on your Estate. We recommend you get it reviewed immediately. You should also seek advice on how to protect future inheritances from Family Law proceedings.
One of my children has passed away, do I need to change my Will?
You absolutely should get your Will reviewed. Depending upon the terms of your current Will it may need to change. Failing to update your Will may result in your children’s ex-partner having the ability to make an unwanted claim on your Estate. We recommend you get it reviewed immediately. You should also seek advice on how to protect future inheritances from Family Law proceedings.
One of my children has passed away, do I need to change my Will?
You absolutely should get your Will reviewed. Depending upon the terms of your current Will it may or may not need changing. We recommend you get it reviewed immediately.
What do I need to do if I need a Will prepared or reviewed?
This important document requires the assistance of an experienced Lawyer. If it is not drafted, kept current or executed properly the consequences can be devastating. We invite you to contact us and book your appointment so we can use our years of experience to assist you.