Making a Will

Will

Are you one of the 1 in 2 people that do not have a Will? JV Legal can help you to ‘put your house in order’

Making a Will removes the doubts and some difficulties that can arise when there is no evidence of your wishes and it gives you control over the apportionment of your Estate and who administers it, after you die.

Making a Will does not have to be a time consuming or expensive process. You will need to see one of our solicitors for about 30 minutes on 2 occasions.  We have set fees for simple Wills ($220.00 inclusive of GST) and offer a discount to couples when making a Will at the same time ($330.00 inclusive of GST for both).

When you contact us to discuss making your Will we will send a questionnaire to you and we will discuss with you:

  • What property you own?
  • Who you want to leave what property to? Specific gifts/items and/or a general provision?
  • Who will be the executor of your Will  – the person who carries out your wishes?
  • Do you have children – should you set up a trust or leave gifts directly?
  • Do you have any concerns about who will be a guardian for your children?
  • What sort of burial or cremation arrangements do you want?

So you have a Will – when did you look at it last?

It is common for people to make a Will at about the time of an important life event – like getting married, having children or getting divorced. But then time gets away and the Will is never updated and is decades old at the time of the person’s decease.  In such cases an old outdated  Will can have unintended consequences – like leaving an Estate to an estranged spouse or leaving out a child or grandchild!

Family circumstances are often far from straight forward these days: one in 3 marriages fail In Australia and many married couples separate but never bother to divorce their former spouse.  Children live at home much longer and family finances become intertwined with many parents offering to be guarantors and/or loaning money to children so they can purchase their first home.

If you made a Will some time ago you should also consider if your circumstances have changed since then.  Please feel free to call us on 8860 9477 or email us to make an appointment to  review and update your  Will.

 When is a Will ‘invalid?”

Did you know that if you marry or re-marry, your old Will becomes invalid (unless it was drafted in contemplation of the marriage).

It is important to seek legal advice about making a Will to ensure that it is properly drafted and to review your Will regularly to make sure it accurately reflects your wishes.

There are legal principles concerning what makes a Will valid, referred to as ‘rules of construction’ and if they are not followed then potentially the person may have died intestate even though they had made a Will.

Other reasons that a will can be declared invalid include:

  • the Will fails to properly dispose of all their assets;
  • the Will has not been signed and witnessed properly; or
  • the person lacked mental capacity to make a Will.

It is important to remember that, if your Will is incorrectly worded, no-one may know until it is too late – after you have died.

Please contact us to make an appointment to discuss your personal legal needs today.