Category: Wills & Estates

A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give direction for specific funeral and burial arrangements. Without a Will, the finalisation […]

The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age, […]

There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. Generating an on-line Will may seem easy, […]

Planning for what happens after you die is a key step in estate planning and shows love for your family. This is especially important if you have children or vulnerable adults depending on you financially. A testamentary trust might be the right tool to help you look after those you love. What is a testamentary […]

Undertaking the role of the executor of a will can be difficult, especially when dealing with the loss of a loved one. The executor has six months (Supreme Court Rules 1970, Part 78, Rule 16) from the date of death of the deceased to file for probate. Filing after this date requires an explanation to […]

It is estimate that over half of all Australians do not have a will, this can often lead to problems when dealing with the deceased’s estate. You should give careful consideration to your wishes when you die and who should inherit your estate.   That being said, a will is often used for some weird […]