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Home | Wills & Estate Planning | Making a Will

Planning your Estate

A will is a legal document that only operates after your death to direct how your assets should be distributed. Having a professionally drafted will can reduce the heartache that your family will already be feeling when you pass away. It assists with the distribution of your assets and names someone you trust to act on your behalf when you are no longer around.

Every person should make sure they have a Will that accurately reflects their wishes and is in accordance with law.

Making a will is very important. It does not matter who you are or how much you are worth, each person should make the time and effort to have a will prepared.

Our team of wills and estates lawyers makes the process simple and rewarding, and provides helpful and practical advice when making your will.

FAQ

What is a will?

What is a will?

A will is a document that provides instructions about the distribution of a person’s property after their death.

For a will to be legal and effective, it must be prepared in accordance with the relevant law. There are detailed requirements that need to be followed.

If a will is not clear or does not take into account all of your assets, or if it is not prepared, signed or witnessed correctly, then your Will may be invalid and ineffective.

Why should I make a will?

Why should I make a will?

A will allows you to express your intentions and wishes about what should occur once you have passed away. It ensures, as far as possible, that your assets will be distributed in the manner you chose.

Having a Will can bring peace of mind and comfort to you and your family. By providing clear instructions to those who survive you, you save them the difficulty of not knowing your wishes and having to turn to the law to work out what to do.
It can assist your estate to be settled quicker and easier than if you did not have a will.

How do I make a will?

How do I make a will?

The best way to make a will is to contact a lawyer who specialises in wills and estates. Solicitors at Turner Freeman can assist you with this important task.

The standard process to prepare a Will involves two appointments, each of approximately one hour in length.

At the first appointment, the lawyer will ask you some questions about you, your family and financial position. You will also be able to ask your own questions and explain your goals, wishes and concerns. The lawyer will then take your instructions so that they can prepare your Will.

At the second appointment, you and your lawyer will carefully read through your will to make sure you are happy with it. It can then be signed and finalised.

The whole process is usually very straightforward and pain free!

Who should be my executor?

Who should be my executor?

Your executor is the person who carries out the instructions in your will. It is an important role and should be someone you trust with such a role and the responsibilities that go with it.

Often people who are married or in a relationship will appoint each other to be their executor. Otherwise, another relative or friend can be chosen. It is important that you also name a ‘back up’ or substitute executor who will be able to step in if the person named is unable or has died before you.

How much will it cost me?

How much will it cost me?

The cost of your will depends on how much work is required to provide you with proper advice and to finalise your will. This can depend on your family structure, your assets, and your wishes for your will.

We have fixed prices for what we describe as a 'standard will'.

For example, a husband and wife with no previous marriages, and who own a house, bank accounts, superannuation, and furniture and effects may be happy with a standard will.

However, a husband and wife with children from previous marriages and who are seeking to protect their own children may need a will and advice that is beyond a standard will.

For more information, please contact us on 8213 1000.

What happens if I die without a will?

What happens if I die without a will?

If you die without a will, then the law specifies who will inherit your estate and who will act as your legal personal representative.

This might mean that your assets will pass to persons that you do not wish to inherit your estate. This could include persons that you no longer see or speak with. Persons who you believe are more deserving than others may feel unfairly treated or miss out from inheriting entirely.

What about wills for persons without capacity?

What about wills for persons without capacity?

Where a person lacks the mental ability to prepare a will ('testamentary capacity’), the Court may authorise the making, alteration or revocation (ie. cancellation) of a will on behalf of that person.

A person may lack testamentary capacity following injury or illness or due to old age.

Persons under the age of 18 are also not permitted to make a will without the permission of the Court, except in very limited circumstances.

Turner Freeman Lawyers can assist you or your loved one to make an application to the Court for a will.

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