Wills

Your Will is one of the most important legal documents you will ever sign. It disposes of all the assets you have accumulated in your lifetime. It needs to be done properly.

If you die without leaving a proper Will:

§ the Government decides who receives your assets, regardless of your wishes;

§ your assets are frozen and distribution is delayed except for the payment of funeral expenses;

§ the administration of your estate is more time consuming, uncertain and costly;

§ there is a greater potential for litigation by family members against the estate;

§ your beneficiaries will receive less because of the higher legal costs involved; and

§ your family will unnecessarily suffer at a time when they are already grieving.

There are traps and pitfalls in using a Will kit, even for a simple estate. So don’t do it yourself!

“Family provision” legislation exists to give Courts the power to re-write your Will if you do not make “adequate provision for the proper maintenance, education or advancement in life” of an “eligible person”. An eligible person is a spouse (whether married or de facto), child, former spouse, dependent grandchild, dependent member of your household and anyone else with whom you had a close personal relationship at the time of your death.

Courts are interpreting this family provision power very broadly. So you may not have the freedom to decide who inherits your assets. Remember: "Where there's a Will, there's a relative"!

I will prepare your Will to ensure that it expresses your true intentions, is legally valid and takes into account the complexity of technical laws concerning family provision, tax, superannuation, life insurance, stamp duty, jointly held assets, shares, blended families, family trusts, divorce, bankruptcy, business succession, etc.

You should make a new Will after you are married, separated or divorced.

You may need a simple Will or a Will with testamentary trusts. As an experienced solicitor, I can tailor one to suit your needs.

Don’t put it off - death doesn’t always forewarn you that it’s on the way!