Wills and Estates
Planning does not have to be a grave affair.
Where there’s a Will, there’s a way.
We don’t often want to think about making a Will. All that you worked for to provide for your family comes down to your final wishes.
The last thing you want is for an ambiguous Will to cause a family squabble.
We make sure that your Will is accurate to your wishes for your estate and assets.
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A few words from our clients
How we help
We listen to what you intend
A person’s whole estate can be a complex assortment of properties, investments and other assets. We assess what you have, the current laws, who may have claim over each asset, and advise you on what is required to be included in the Will. Our process is outlined below:
- We provide you with a questionnaire to take your instructions. If you prefer, a meeting can also be arranged for us to run through the basic elements of a Will and what you need to consider when finalising your wishes
- From your questionnaire instructions, we can review your appointment of executors, guardians and beneficiaries to ensure your wishes will be carried out
- Preparation of your Will is undertaken in line with your wishes clearly and with no ambiguity
- Arrange for execution of the Will at our office, or if preferred, we will advise you how to execute the Will at your own chosen location
We guide you through the process
Once a person passes away, the executor must distribute their estate. This can be a complex process, which often requires a Grant of Representation. There are 2 common Grants:
- A Probate
- Letter of Administration
A Probate is granted where a person passed away leaving a Will, and a Letter of Administration is granted where there is no Will. Both gives the executor the power to distribute the estate. This is usually the first step before any bank accounts can release any funds left, or before properties can be transferred.
THE W LEGAL ADVANTAGE
What sets us apart?
01
Transparent fees
No surprises! All costs will be clear to you from day one. You will always know how much our fees are beforehand.
02
The human touch
Be taken care of by your own personal lawyer (yes, and actual person!) with your own dedicated support crew. We’ll ensure you have a smooth and stress-free process.
03
Highly experienced
What you need is a lawyer who has seen it all. If anything goes wrong (touch wood), we know exactly how to fix it. Since 2011, we have overseen thousands of successful transactions.
04
Proactive advisor
Having seen thousands of transactions, we’ve seen our fair share of mistakes, and can guide you past them safely before they even become an issue.
Frequently asked questions
What is a beneficiary?
A beneficiary is a person (i.e., family or friends) or organisation (i.e., charity) elected by you in your will who is eligible to receive distributions.
You can gift anything that is not jointly held by you and another person to a beneficiary. Jointly held assets include property or bank accounts.
What is an executor?
An executor is a person (i.e. family, friends, or other professionals) or company (i.e. State Trustees) elected by you to administer your wishes in the will. When deciding on an executor, they should be trustworthy and capable of collecting assets and discharging liabilities by paying outstanding debts. The Supreme Court will appoint someone in place to administer the estate if the Will fails to appoint an executor.
How do I sign my Will?
Before signing the Will, it is important to ensure you have read the Will, understand the content, and are satisfied it meets your wishes.
You must sign your Will in person in the presence of two adult witnesses. We recommend that your witness is not a beneficiary under your Will.
In-person signing
We offer in-person signing for Wills. You may sign your Will at our office located at Ground Level, 1-11 Gordon Street, Cremorne VIC 3121.
Remote signing
Alternatively, you can sign your Will remotely using an audio-visual link (i.e. Zoom). At W Legal Group we are equipped to arrange remote signing with you, should this be your preference. Some States do not accept remote witnessing, please check with us if your State permits this.
Where should I store my will?
If your original Will is lost, you will be deemed to have died intestate (i.e. without a will).
Keeping your original Will in a secure place is essential. At W Legal Group we have secured storage and safety mechanisms in place to ensure that your original Will is protected and your assets are distributed the way you want.
How often do I need to rewrite a Will?
You should consider rewriting your Will every 3-5 years, or if a significant event in your life takes place (ie. New child or grandchild, marriage, divorce etc.). This ensures your Will is as updated as possible and avoids any confusion or misdirection of assets after you pass.
What happens if I do not have a Will?
If you pass away without a Will, you are deemed to die ‘intestate’. There is no assurance that your wishes will be carried out, who will care for your children, to whom, and what assets will be gifted. The courts will determine how and to whom your assets will be distributed.
