Wills should be read and dealt with within 12 months of the date of the deceased.
The simple answer is as often as you like and we encourage you to revisit it regularly to ensure it still reflects your wishes and that your personal circumstances haven’t changed such as marrying, registering a relationship or divorcing a spouse who was included in your current Will.
The lawyer’s role is to: Make sure your Will is valid. Prove it was drawn up by you and that you were of sound mind at the time. Give advice and assistance on what you might need to include in your Will and who you might like to include. Provide advice to an executor you [...]
Anyone over the age of 18 who is not blind and has the mental capacity and credibility to give evidence in a court of law can witness a will. A witness should not be a beneficiary of the Will nor should then be a close relative or spouse of a beneficiary.
There are laws in place to hold the executor personally liable if they do not carry out what the Will asks for. Courts can remove an executor who is not following the law, the will or fulfilling his/her duties.
There are several types of Wills. These include: Simple Will – These are usually only suitable for Will makers with limited assets who are single, in a first marriage or de facto relationship with children from that relationship only and who have a harmonious family. Complex Will – These require a more complicated formula for [...]
Superannuation is not usually included in your Will because your super is held in a trust by the trustee of your super fund and, technically, is not an asset that you in fact and in law own. You need to ensure your super fund is kept up-to-date with instructions as to what you would like [...]
Although there are options for you to write your own Will using online or do-it-yourself kits there are risks if the document is not properly prepared. Some of the risks include: Multiple people writing Wills can result in questions about the validity of the Will, particularly if different handwriting or pens are included. Signing of [...]
The Executor is essentially the representative for you after you die. Their main role is to finalise your personal, financial and legal affairs. The main responsibilities of an Executor are to: • apply for a grant of probate if necessary, • preserve the assets for distribution, • identify and gather the estate assets, • pay [...]
There are a number of reasons a Will can become invalid and we recommend you always seek professional legal advice on your Will and Estate matters. The following are just some instances that would make the Will not valid: You make another Will, You lacked the mental capacity to make the Will, Someone else used undue [...]