Despite what Hollywood would have you believe, it is not critical that you find a loved one’s will immediately though it is an early important step in getting the Estate process underway.
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If an original will simply cannot be found, it is possible to ask if the Court will accept a photocopy. Should it not, the Estate will be distributed as if there was not will at all.
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Managing a loved one’s assets as part of their Estate when they have died is not a matter of simply distributing them according to the will. Depending on the value of the assets you will need a Grant of Probate or Letters of Administration from the Supreme Court.
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Upon your passing, your superannuation may not automatically go to your estate, especially if there is no will.
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Even if you have perfectly valid reasons for leaving a child out of your will, there are some points you should discuss with a lawyer first to protect against your will being challenged later on.
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You most likely have more assets than you realise and that’s why it’s important to have a will.
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We’ve written about it before, and we’ll write about it again. There are many reasons why you need a lawyer to prepare your will. Here are three of them.
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Protect and Special Disability trusts provide parents who have children with special needs additional ways to provide for them in a will. It is important you speak with a lawyer to understand what would work best for you and your child.
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Even in the 21st century there are still many documents that need to be signed in person, attested to and witnessed.
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This list of 10 items explains divorce in Australia.
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A life interest in a will allows a beneficiary to receive the benefit of an asset throughout their life but not to own it.
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If you were to give all the money in your will to a charity could your will be challenged?
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Many of our clients create or update their will before they go on holidays.
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To make a will valid, the will maker must have testamentary capacity.
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Marriage will normally revoke a will that was signed before the marriage takes place.
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If the update to a will is small, for example changing an executor, you could amend it using a codicil but it may be easier to make a new will.
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Marriage changes you situation and revoked any previous wills. Don't forget an update will be needed.
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The Hollywood style reading of the will is mostly a thing of the past. How then do beneficiaries learn of their inheritance?
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The last decision you'll have to make about your will is where to keep it safe and secure.
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Property held as tenants-in-common or with joint ownership are treated differently upon your passing. One is part of your estate, the other isn't.
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