A Will (also known as a Last Will and Testament) is an important legal document detailing what you want to happen to your belongings when you die. Sadly, many Australians don’t have a valid or current Will and if they die without making the proper arrangements, they cause more grief and complications for the friends and family that they leave behind.
Still have questions? Check out our Frequently Asked Questions below or call us on +61 2 9687 8885.
Frequently Asked Questions – Wills
Despite the ease and convenience of online banking, maybe you’ll (eventually) need help from others to handle your banking and finances. Have you thought about how you’re going to do that? In New South Wales, the general power of attorney and enduring power of attorney allows you to appoint someone to act on your behalf […]
You’ve been thinking about making a Will for a while, haven’t you? Of course, you have been! Otherwise, why are you reading this article? You’re reading this article because you’ve been searching the internet about how to make a Will which means you still haven’t done it yet. What’s the delay? Most people know they […]
When people say they don’t want to do a Will because they just can’t bring themselves to think about dying – the reality is that the Will is more about life than it is about death. Although a Will only becomes effective when you die, the purpose is to really be a reflection of your […]
On 22 April 2020, the New South Wales government introduced the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 which amended the Electronic Transactions Regulation 2017 by allowing documents such as wills, power of attorney and enduring guardianship (and others) to be witnessed over ‘audio visual link’ (ie, video conference). The government introduced these […]
Preparing a will is something most people choose to do at some point in time in their lives. If a person leaves it to when they are frail and ill issues will arise concerning their mental and legal capacity. In Australia there are four issues that must be considered in order to figure out if […]
By now you have probably either read or heard about the Facebook privacy breach by Cambridge Analytica. However, have you considered what happens to your Facebook data when you pass away? Additionally, have you ever considered what would happen to your digital purchases when you pass away? Social Media Accounts Most mainstream Social Media platforms such […]
In December 2017 Australia became the 26th Country to legalise same-sex marriage. Changes in legislation can often bring questions and at times uncertainty about its impact on other areas of law. As a result, below we will examine the impact that same-sex marriage will have on Wills. Prior to the changes in legislation: Before the […]
In October this year, the Queensland Supreme Court heard a case regarding the validity of an Informal Will. Interestingly the case examines whether an unsent text message can be accepted as an Informal Will. The case brings two questions to light. Firstly it asks us to consider whether formal Wills are still necessary in our […]
When drafting our client’s Will we have often noticed that many people appoint an executor but do not fully understand the vital role they will play. One of the key roles of the executor after your death is to get a grant of probate. Below we will provide a basic breakdown of probate and the […]
When we store Wills clients often ask “who can get access to my Will once I die?” The answer is there is no single category of people who can access your Will once you have passed away. However, we always remind clients the people who are your executor/s will always be granted access. The reason […]
It is not every day that we wonder if our children are really our children, but part of the complexity of estate law is that words can take on a variety of meanings. For example, the term children do not take on the same definition in succession law as everyday use. Further, the term issue […]
A Will allows you to gift your property to the people or organisations you choose. However, a common assumption is a valid Will cannot be challenged. This is a misconception and a valid Will can still be contested in court. A common way to contest a Will is under Family Provisions legislation. We have mentioned […]