Groom & Lavers legal services: Wills  

When you die, if you don't have a Will your assets could be distributed in a way that you may never have intended.

Those whom you wish to receive benefits from your estate may not receive any.

If you request us to prepare your Will, you can be assured that your assets will be distributed according to your wishes (unless a Court decides otherwise).

A Will is a legal document which will as far as possible ensure your assets are distributed according to your wishes after you die.

Your Will can cover all your assets such as your house, land, car, shares, Bank Accounts, and even, sometimes, life insurance and superannuation.

In your Will you appoint an executor to distribute your assets to the beneficiaries (those you choose to receive your assets). Your executor will be able to obtain legal guidance from us in the administration of your estate.

Any person 18 years of age or older (or under 18 if married) and of sound mind can make a Will.

What will happen if I don't have a Will?  

“Intestacy” means dying without a Will. If you die without having made a Will, your assets will be distributed according to rules set down by the laws of intestacy.

Those laws may:

• force the sale of assets so other beneficiaries can claim their share
• not provide future financial protection for your children or grandchildren
• leave incapacitated members of your family without adequate support
• give your assets to the government, if you have no relatives

Furthermore, you will have no say in who administers your estate and who is appointed guardian of your children if they are under 18 years of age.

Preparing your Will   ^ Top

A Will is a complex legal document.

Please consult us, and before visiting us, consider:

• who to appoint executor
• who to appoint guardian of your children
• what are your current assets and liabilities
• who should receive your assets
• how you would like to provide for your children's future

We will not only ensure your Will is properly drawn up and correctly signed and witnessed, but may advise you on:

• the appointment of an executor, their powers and remuneration
• the appointment of your children's guardian
• your legal obligation to provide for your family, to minimize challenges to your Will
• how your life insurance and superannuation may be dealt with

We also keep your Will in safe custody for you if you wish, for no charge.

Changes to your Will   ^ Top

You are free to alter your Will at any time and as often as you wish.

Your circumstances can change significantly over time so it is advisable to review your Will regularly.

On marriage, your current Will is automatically revoked unless it states it is made in contemplation of a specific marriage. If you divorce, your divorced spouse is not entitled to any assets under your Will unless you specify otherwise.

You may also wish to change your Will if any of the following occur:

• birth of children or grandchildren
• death of a beneficiary or executor
• financial changes
• home or property changes

If you wish to alter your Will, please seek our guidance.

Can I prepare my own Will?   ^ Top

You can prepare your own Will but you do so at the risk that you will not do so properly thereby causing emotional and costly legal battles amongst relatives.

When preparing a Will, a number of legal requirements must be followed. Failure to follow these requirements can invalidate the Will. If this occurs, the law may consider that you have no Will and the laws of intestacy will apply unless the invalidity is rectified by court process which can be expensive.

If your Will is considered valid but your words fail to express your wishes accurately, the Court may need to interpret your Will.

Legal costs   ^ Top

Just as Wills vary in complexity depending on your circumstances, the legal costs of their preparation differ.

At your first appointment, ask us about the costs involved in drawing your Will, or feel free to telephone or email us for a quote.