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Having a properly prepared Will is the only way to ensure loved ones are appropriately provided for in the event of your death.

Dying without a Will can result in dire consequences as your estate will be distributed in accordance with a fixed formula determined by the government, regardless of your wishes.

Surprisingly however, after years of hard work and the accumulation of assets, a majority of Australians do not have a current Will, and those who do rarely review them.

Having a Will is not compulsory; however it offers many benefits and will ensure that:

  • Your estate is distributed as you wish
  • Your preferred executor is appointed
  • You choose the guardian for your children
  • Vulnerable beneficiaries are protected

Below are a few points you may like to consider discussing with your lawyer.

  • Language
    • I have a relative who can speak English but has never learnt to read it. Can they make a Will?
    • My parents don’t speak or read English. Do their Wills have to be in English or can they make them in their native language? If they make them in English, how do they do that?
  • Impairments
    • I have a relative who is blind. Can they make a Will?
  • Partnerships and Children
    • I’m married. Can I do a joint Will with my spouse?
    • Can I exclude a spouse, child or dependant?
    • How do I decide who to appoint as guardian for my children?
    • What happens if I adopt or foster a child or gain a step-child after making a Will?
  • Gifts to a beneficiary
    • What sorts of gifts can I leave to a beneficiary?
  • Trusts
    • I want to set up a fund for the benefit of an infant. How should I best do this?
  • Assets and Liabilities
    • I own a house in joint names with my spouse/partner. What happens to our house when I die?
    • What happens to my debts when I die?
  • Cross-Border Issues
    • If I make a Will in the State or Territory where I live, will it be recognised in other Australian States or Territories where I have property?
  • Other matters
    • I want to make my organs available for transplant after I die. What should I do?