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Making a Will

Make a Proper Will - Use a Solicitor

You are welcome to call us on 1300 799 888 for a short free telephone consult. It will save you time money & convenience.

Many people today make their own wills and this approach is fraught with danger.  A will is a written declaration that sets out how a person wants their assets to be distributed to their beneficiaries following death.  It is one of the most important documents that anyone will ever execute at any time in their life as it disposes of their entire estate which represents the sum total of all assets at a particular point in time namely, the date of death.  Making a will can be and often is a highly complex task which requires the services of an accomplished draftsman namely a lawyer.  Do-it-Yourself wills are dangerous as they lack the sophistication necessary to properly reflect the true intention of the testator or testatrix and often fail such that the intended beneficiaries do not receive the gift/s referred to in the will.  Cheap wills are exactly that - you only get what you pay for.  How can one size fit all?

Everyone over the age of 18 should have a will drafted by a lawyer to ensure it is valid so your estate can be distributed as quickly and as cheaply as possible in the intended manner.  On death, without a will, your estate is frozen and distribution delayed except for the payment of funeral expenses.  With all wills even the simplest ones there are a number of formal requirements which have to be followed and if not considerable expense may be incurred by the estate to deal with these matters.  Litigation is expensive and the amount to be spent with a solicitor to obtain a valid will pales into insignificance against the cost of litigation which could range from approximately $40,000 to $250,000 in the ordinary course.  Of course considerable costs will also be incurred where there is either a partial or total failure of a will.  

Many people often put aside the necessity to obtain a well drafted will believing that it is unimportant and it is something that can be attended to later on.  Unfortunately when death comes it rarely heralds its approach particularly so in today's sophisticated society where risks to the person are fair more significant than they have ever been in the past. Why not make a valid will now to avoid uncertainty and the costs associated with either not making a will or drafting something which fails to properly express your true intentions.  We recommend to all who are trying to make provision for the future they should execute the following documentation:

(i) A property drafted will;
(ii) An enduring power of attorney which covers all financial decisions;
(iii) An enduring guardian which appoints a family member or associate to make all relevant medical decisions;  and
(iv) A death benefit nomination settling the superannuation fund beneficiaries.

 

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