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Thinking about making a Will?

Your family is important to you and without a legal Will to execute your wishes, anything could happen.
Our team of family lawyers can make sure your Will is legally binding and up to date. 

  • Experienced lawyers that have helped thousands of Australians
  • Protect your estate and family
  • Easy online application with help as you need it

We've helped thousands of Australians to prepare their Will

Let us show you how easy it can be.

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Things to consider when making a Will:

Put simply, a Will is a particularly important legal document that will protect your assets and family after you pass.

In a Will, you can name an executor, or executors, to administer your estate; a beneficiary, or beneficiaries, to distribute your estate to; and a guardian, or guardians, to look after your children in the event of your passing.

An executor is a person named in your Will to administer your estate upon your death. After your passing, an executor effectively “stands in your shoes” as your legal personal representative. As such, when it comes to dealing with your estate they perform a very important role.

Perhaps the most important role played by your Will is to specify how and to whom your property is distributed upon your death. For most people, the primary focus of their gift giving is to ensure that their loved ones are adequately provided for in the event of your passing. Bestowed gifts generally fall into two categories:

  • Specific Gifts – particular item/s to be given to specific person/s or group; and
  • Residuary Gifts – the residue of your estate, being what is left after all liabilities have been paid and all specific gifts have been distributed.

There is a wide range of other matters that can be covered by a valid Will aside from dealing with how particular assets are distributed. For example, a Will can specify your wishes concerning who you wish to act as a guardian of your children in the event you pass away.

This can be a very powerful expression of your intentions regarding the way your children are cared for, and by whom, in the event of your death. Your Will can also state how your funeral arrangements are made and carried out and whether you wish for your organs to be utilized or donated in a particular way on your passing, noting it is best practice to also formally register for organ donation separately.

What happens if I die without a Will?

If you die without a Will, you will have been deemed to have died ‘intestate’. This particular situation means that there is a risk that your estate may be distributed to the wrong people and in the wrong way.

Dying intestate may result in a range of adverse outcomes such as having an executor by the Court, noting that Courts generally have a broad discretion as to whom to grant administration.

It may also lead to increased time and financial costs to finalise your deceased estate and create additional burdens for loved ones at the time of your passing given lack of certainty associated with your final wishes.

11 Things That Are Wrong with Your Will

There are unfortunately many things that can render a Will invalid. There are a number of questions you need to ask yourself to identify if your Will can protect you after your death:

  1. Does my Will contain page markings, removed staples or binding?
  2. Is my Will witnessed by a beneficiary or executor? 
  3. Did I use a DIY Will Kit? 
  4. Have I forgotten to get a letter of testamentary capacity? 
  5. Was the last time I updated my Will longer than 3 years ago?
  6. Have I or my loved ones since been through a marriage, separation, death or childbirth? 
  7. Is my Will improperly signed and dated? 
  8. Have I since acquired or disposed of any assets including property and inheritance? 
  9. Do I have the wrong executors in place?
  10. Have I forgotten to put in a clause protecting the guardianship of my kids? 
  11. Have I forgotten to use the full and accurate names of executors and beneficiaries?

If you have answered YES to any of these questions, your Will needs to be updated.

Contact us today or fill in the form below and one of our consultants will get back to you.
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Ready to get started on making your Will?

 

Online Will Form   Call: (07) 3172 3777

ONLINE WILL FORM:

Step 1

Complete the questions in the online form.

Make sure names and addresses are correct.

Provide enough detail on any special requests.

Step 2

Our Wills and Estate lawyers will contact you to ensure you have no further questions.

We will organise an easy once-off payment and tend to drafting the Will in the terms you’ve outlined.

Step 3

Visit our office to sign your Will. You may choose to retain the original document for your own records, or you may wish to leave it with us in our safe custody facility. It is important that your Will is kept in a safe place and that your executors know where to look for it in the event of your passing.

If you wish for the document to be sent to you for signing, please advise our office and we will arrange for delivery and instructions to be sent to you.

SAVE $100’s on our PACKAGE DEAL

You may wish to consider obtaining an Enduring Power of Attorney at the same time as preparing the Will. You may simply choose a package deal option after completing the Online Will form or alternatively, you may go to our Enduring Power of Attorney information page or further details.

You may also wish to consider having an Advanced Health Directive (AHD) drafted for you at the same time as your Will. An AHD specifically sets out what medical treatments you like to receive ahead of time rather than leaving decisions to your attorney when the time comes. You may simply choose a package deal option after completing the Online EPOA form or alternatively, you may go to our Advanced Health Directive information page for further details.

Ready to get started making your Will?

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