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11 Sep MAKING A WILL

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Need to make a Will? Let’s talk.

A Will is an important legal document which directs the distribution of assets and protects the spouse/partner and child/ren following a person’s death. It is important that a Will is clear in its wording and executed correctly. If you do not have a Will, the distribution of your assets will not be according to your wishes.

Frequently Asked Questions

Why should I make a Will?

If you do not have a Will then you will not be able to direct the distribution of your estate according to your wishes. Dying without a Will is known as dying intestate. Dying intestate is where the distribution of your assets is determined by statutory intestacy scheme, which varies from state to state. For a detailed overview of the intestacy rules in each State, simply click here.

Dying intestate can cause delays for your legal representative in trying to locate your relatives and this will result in extra costs. If you die intestate and have no relatives your entire estate may be left to the government.

What are the requirements of a valid Will?

In order for a Will to be valid, the following needs to be met:

  • The Will must be in writing either handwritten or typed
  • The Will must be signed by the Will-maker or a nominated party, who is in the presence of, and directed, by the Will-maker
  • The Will-maker’s signature must be signed in the presence of two or more independent witnesses
  • The Will-maker must be present whilst two of the witnesses attest to and sign the Will
  • The Will-maker or a nominated party signing on behalf of the Will-maker must sign the Will with the intention of executing the Will
When should I update my Will?

A Will has no expiry date and may be valid until the grant of Probate. However it is recommended that a Will be reviewed every 3 -4 years or when there are major changes in one’s life, such as marriage or divorce, having children, or purchasing or selling assets. Regular reviews will confirm the Will-maker’s intentions are always reflected in the Will.

What is an ‘Informal Will’?

An informal Will is a document which may be admitted to Probate even without the formal requirements outlined above. An example of an informal Will is a note scribbled on an envelope or an audio tape. The Court will need to be satisfied that the deceased had intended for the document to operate as a Will.

What is a statutory Will?

A Statutory Will, which is also known as a Court-authorised Will, is a Will made by the Supreme Court on behalf of a person who lacks capacity to make their own Will. An example of a person who lacks capacity is a person who suffers from dementia or any other illness of the mind affecting their capacity. A Statutory Will can come in handy where a person who has lost capacity has a Will which unfairly reflects the true nature of that person’s intentions. For instance the Will might be substantially outdated. If this affects your family members, contact us today for some assistance.

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I am exceptionally satisfied. Sandy and Arkin took me on the journey through the legal terrain particular to my matter in the manner of expert tour guides. As a very special duo they create a highly professional, sensitive and responsive atmosphere and structure that step by step enables the attainment of clear and practical legal objectives in a non-intimidating manner that transcends that encountered in the normal single matter law-firm/client situation.

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WILL DISPUTE (VIC)

Your services have been very helpful particularly in answering legal questions that the average person has not bothered to study/research. It was nice being able to also communicate with you via email and text. Sandy, thanks for your time and effort, it has been much appreciated

-Jane

WILL CHALLENGE (VIC)