Wills
Importance of Making a Will
We have all read about high profile family estate battles, like those that followed the deaths of mining magnate Lang Hancock and prominent businessman Richard Pratt. However, there are many other cases involving 'ordinary' Australians that do not get picked up by the media but which are equally emotionally and financially draining. To avoid these situations it is important you make a Will.
What is a Will?
A Will is a legal document which sets out who will receive your property when you die. When making a Will you must appoint an executor, who will make sure the Will is followed after your death. Anyone over the age of eighteen (18) years old should make a Will.
What makes a Will valid?
In order to be valid, a Will:
Must be in writing
Must be signed and dated
Must be witnessed by two other people who must also sign the Will. The witnesses must not:
- Be receiving a gift under the Will (beneficiary)
- Be the spouse or partner of a beneficiary under the Will
Although this seems simple, Wills are frequently challenged. This may be because the person making the Will (testator):
Lacked capacity - Did not know what they were signing
Acted under duress - Was forced to sign against their will
Did not provide for an eligible person
Other issues may arise when someone makes their own Will without the assistance of a solicitor (Homemade Will). Typical issues that arise from Homemade Wills include:
Not expressing intentions clearly enough
Not drawing up the Will properly
Excluding eligible persons
The law surrounding Wills is more complex than it seems. If you prepare a Homemade Will, you risk additional legal costs after your death.
How can we help?
When you make your Will, it is important you have it drafted by a solicitor who understands the law and can advise you on the best way to make sure your assets end up where you want them to go.
In order to assist you, we can:
Make sure you have expressed your wishes in the best possible way, so nothing is left to chance
Make sure your Will is properly drawn up, signed and witnessed
Advise you on your rights and obligations to eligible persons
Advise you on Estate planning
Give you a thorough understanding of the role of your executor and help you choose an appropriate one
Advise you on what happens to your superannuation after you die
Store your Will in a secure safe
Advise you on making a Power of Attorney and appointing an Enduring Guardian