Creating a will
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To ensure that your estate is distributed in accordance with your wishes and to the people and causes you care about, it is essential you prepare a will. A will is a legal document that sets out how your property and assets are to be divided after you pass away. It is one critical part of the important Estate Planning process.
Our lawyers can guide you through the process to ensure your intentions are clear and your family’s future is protected.
We can assist with:
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Drafting a Will;
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Contesting will;
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Drafting a Power of Attorney or Enduring Power of Attorney; challenging a Will in court;
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Special disability trusts;
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Appointing Executors;
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Family provision claims;
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Estate planning, including estate plans that protect your assets;
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Family and testamentary trusts.
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Beneficiaries with special needs
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We understand that providing adequate protection for beneficiaries with special needs can be a complex and sensitive task. Including a Protective Trust in your Will may be advised if your nominating beneficiaries who:
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Have a disability that impacted their ability to take care of their affairs, for example Asperger's, Autism etc;
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Are severely disabled;
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have an addiction such as drugs, alcohol or gambling.
Frequently asked questions
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Why should I make a will?
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A well drafted legal will provides an effective defense against claims and ensures that your assets are distributed according to your wishes so you can:
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Minimize the likelihood of people trying to contest your will;
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Decide how to divide your assets between family, friends and charities;
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Appoint a Power of attorney;
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Appoint who you wish to minimize your estate;
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Indicate your preference as to a guardian for your children;
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Ensure peace of mind for loved ones after your passing.
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What happens if I don't have a will?
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If you choose to not make a will, after your passing, your estate will be distributed by the Government using a fixed formula. As you will not have an executor the court will appoint an administrator. It can take months for this process to be completed and there is no guarantee that your loved ones will receive what you may have intended.
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How Often Should I review My will?
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Your will should reflect your current circumstances and intentions. Amendments in taxation laws, superannuation and personal circumstances change over time and can impact wills and deceased estates. These changes emphasize the importance of regularly reviewing your will to ensure it continues to comply with your wishes.
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What is a Power of Attorney and Why Do I need one?
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When preparing wills we also encourage our clients to also consider Powers of Attorney. While your will operates in the event of your death, the Power of Attorney gives another person the legal right to act on your behalf while you are alive. It provides you with peace of mind that if something unexpected happens, you have a trusted individual to act on your behalf and in your best interest.
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"Your will should be carefully prepared by someone who understands the law, your personal circumstances and what is important to you."
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When leaving a will you need to decide:
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Who to appoint as your executor;
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Who will receive your assets;
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How and when your assets will be distributed.
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Your nominated executor will look after your estate. The executor must:
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Collect all your assets;
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Pay all your debts;
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Distribute your estate in accordance with your will.
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Start your will today
To save you time and unnecessary costs you can start your Will online. Fill out the form below and benefit from our fixed fee Wills and Power of Attorney packages. We will prepare the documents, then arrange a time for final review and signing. There may be no consultation required in advance unless you request one.
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