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Wills & Estates

What is a will?

A will is a legal document that sets out how your property is to be divided after your death. Under the will, an executor is appointed who will look after your estate. The executor must:

  • Collect all your assets.
  • Pay all your debts.
  • Distribute your estate in accordance with your will.

A will does not come into effect until after you die, so it is important that you think carefully about your will.

Preparing a Will

To ensure that your estate is given to the people that you care about when you die, it is important to prepare a legal will. You should make a will even if you think you have little to leave. If you do not make a legal will, your estate will be distributed using a fixed formula determined by the government. This formula is applied regardless of your situation.

Only an experienced lawyer can assist you to prepare and sign your will to ensure that it is valid and that your estate is distributed to the beneficiaries you have named.

Our wills, probate & estate litigation practice can help you to: ensure that your will complies with the legal requirements of the relevant state, appoint an executor (the person who will finalise your legal and financial affairs), reduce the risk of someone challenging your will after you die and sign your will.

How do I make sure my will is valid?

The laws governing the legal requirements for preparing a valid legal will vary from state to state. However, in all states you must:

Have testamentary capacity (which means you must be over 18 years old and understand what you are doing), ensure that your specific wishes are in writing – verbally telling someone what you would like to happen is not enough, and have the document signed in the presence of two witnesses in order for your will to be valid.

Why should I make a will?

If you do not make a legal will, your estate will be distributed using a fixed formula determined by the government. This formula is applied regardless of your situation. However, if you make a will:

  • You can decide how to divide your estate between family, friends and charities
  • You can appoint who you wish to administer your estate
  • You can indicate you preference as to a guardian for your children.
Talk to us

If you would like more information about how we can help you prepare your will, please contact us either by email or by calling direct on +61 7 32179093