Estate Law

Online Will

We are pleased to provide a range of simple do-it-yourself legal documents including this will law bot that is available online for you to access 24/7.

Prepare simple documents yourself by answering the step by step interview questions, clever lawyer bots will prepare the documents based on your answers and your document is delivered to you when you have completed the interview.

The entire process is automated for your convenience!

Create a basic will to protect your interests in a matter of minutes!

For a limited time, we are offering a free review of your will by a lawyer, included in the price of only $149! (Usual price is $299)  This offer is valid until 31 January 2019

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Please note that the use of any of our online services or products from this site does not constitute legal advice (UNLESS INDICATED OTHERWISE) and does not create a lawyer-client relationship between the user of the form and Harrod & Associates Please contact us if you require legal advice.

If  you need a more complex will, Jacqui Griffin Mobile Solicitor  can draft you one to suit your particular situation such as testamentary trust, or you have a business or family trust to sort out.



FAQ

Are you a Will Executor?

Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia.

Executor Duties

An executor’s duties may include responsibilities such as:

Being an Executor can be overwhelming, particularly when you are grieving, but rest assured we can guide you through.

Do Executors get paid?

It depends. If you are a beneficiary of the will it is presumed that your benefit will cover your costs. If you’re not a beneficiary then you can apply to the Supreme Court for commission.

Do I need a Lawyer?

Estates vary in complexity and Executor’s duties can be complicated, so it may be a good idea to get advice from a lawyer. The cost of legal advice is usually covered by the estate, not the Executors.

What is Probate?

Probate is recognition of the Will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.

What if there is no Will?

This situation is referred to as intestacy and the law determines how assets will be shared out after debts have been paid. If you are the next of kin you can apply for Letters of Administration, which will give you authority to finalise the estate.

What if I’m not up to the job?

Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If there is another Executor named, they can take on the whole of the job, or if you are the sole executor you can apply to the court to appoint someone else. You cannot change your mind later though – giving up the responsibility is final.

Contact us to find out more or to arrange an appointment with an experienced Probate lawyer in Sydney or Darwin.

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There is no one answer about how to do your Will. It all depends on your assets, your circumstances and who your beneficiaries will be.

You need to make a will that makes your wishes clear, that avoids confusion and conflict amongst your loved ones, and that is legally valid and binding. Doing this will protect your family and friends from costly and stressful legal disputes.


Things you need to consider:

Who will be your Executors?

Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the Will are upheld.

Who will be your beneficiaries and what effect will their inheritance have on their circumstances?

You can designate anyone as a beneficiary and distribute your assets in any way you like, however if you don’t provide for your family and dependents, your will can be contested and your hard won assets used on litigation fees.

You also should consider the effects that an inheritance may have on your beneficiaries. In some cases a testamentary trust can sidestep potential taxation problems, so it’s important that you get specific advice about your situation.

How do you know a Will is valid?

To be valid, the person making the Will must be mentally competent, the Will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the Will cannot be beneficiaries, or related to beneficiaries and must be over 18.

If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.

How often should I review my Will?

You should certainly review your Will after any major events, such as marriage, divorce, property purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your Will every couple of years just to make sure that it is still the best instrument for you and for your family.

We can help

We know the potential pitfalls, and will ask you all the right questions to make sure that you have considered every possibility. We can advise you as to whether you would be best with a Will or a Testamentary Trust. We can design your Will in such a way to help protect your family from expensive estate litigation after your death and we can safely store your Will in our secure vault.

Contact us to discuss your particular situation and your family’s needs with an experienced will lawyer in Sydney or Darwin.

 

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In New South Wales a Power of Attorney is used to appoint someone to make financial decisions on your behalf such as selling your house or operating your bank accounts, whereas an Appointment of Enduring Guardians is used to appoint someone to make health and living arrangement decisions.

Who can make a Power of Attorney & Appointment of Enduring Guardianship?

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.

When should I make a Power of Attorney & Appointment of Enduring Guardianship?

Before you need them! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.

When does it start?

You can choose when you want it to start. If you don’t make it clear when you want it to start then it will commence when your attorney signs the document to accept their position.

Who should I appoint to be my Attorney or Guardian?

You need to appoint someone your trust to make the right decisions. You can appoint more than one person if you wish, and you can specify exactly how they make their decisions – jointly or  separately. For a Power of Attorney, make sure that the person you appoint has the necessary skills to deal with your finances.

What are the legal responsibilities of my Attorney?

They are legally responsible to you and must act in your best interests. While you have mental capacity they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.

Who should I talk to about it?

It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

Do I need a witness?

Yes, these documents need to be witnessed by a solicitor/conveyancer or a registrar of a Court and cannot be witnessed by your attorney.

Can I change my mind?

Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

Contact us to find out more or to arrange a consultation with an experienced power of attorney lawyer in Sydney or Darwin.

 

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At Jacqu Griffin Mobile Solicitor we understand that dealing with a deceased estate is one of the more difficult challenges in life. From mountains of paper work to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.

So, let us help you by:

Contact us to find out more or to arrange an appointment with an experienced estate lawyer in Sydney or Darwin.

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