Wills
Our solicitors are experienced in drafting Wills, providing advice on succession planning and we regularly assist beneficiaries and executors with Estates (including contesting an estate).
To make an appointment with one of our solicitors, contact us office today on (02) 4821 1588.
Why do I need to make a Will?
The simple answer is that it allows you the opportunity to have a say on how your property and assets are to be dealt with in the event of your death and who will manage your property and carry out the terms of your Will.
Executor
Naming an Executor (and you need to make sure that they are happy to act in this capacity before you appoint them) provides a person with the responsibility to carry out the terms of your Will.
While it may sound onerous or frightening, it is not.
Most Executors see the solicitors who have the Will and they will get advice about what is required to be done and all of the paperwork, applications and forms will be prepared by the solicitor for the executor and beneficiaries.
What to do with my Assets?
The first step your solicitor will undertake is to ascertain the nature of your current assets. How are they held and what are those assets?
In many cases, where assets are held jointly and/or the house or real estate is held in joint tenancy then the Will actually has no effect upon the death of the first of the couple because the property or bank account will pass automatically to the survivor by survivorship.
A proper examination of your assets by your solicitor will assist you in understanding what happens on your death. This is an essential part of the Will making process.
Probate
In some cases we need to get a Grant of Probate. Do not be concerned by that word - it is not Death Duty. A Probate is simply a document issued by the Supreme Court which certifies that someone had a Will, that they have died, that they have appointed an Executor and the Executor now has the authority of the Court to carry out the terms of the Will, transfer property, close bank accounts etc.
What happens if I do not make a Will?
If you do not make a Will and you have property that needs a Grant of Probate to enable someone to transfer that property, then we will need to go to the Supreme Court and apply for what is called “Letters of Administration” (the equivalent of a Probate but where there is no Will).
Who receives my property if I do not make a Will?
There is a statutory list which details who gets your property. This is why you need to make a Will to make sure that your property goes to the persons or people of your choice.
