Wills & Estates

What is a Will?

A Will is a legal document in which you decide how you want your property and assets (your Estate) to be managed and distributed, who will care for your dependents, and who will be the guardian of any minor children upon passing away.

A Will allows you to specify exactly who gets what part of your Estate (your Beneficiaries).

A Will also allows you to name who will have the responsibility for carrying out your wishes about how your Estate should be distributed (your Executor).

Our solicitors prepare Wills to give clients peace of mind when they pass away.

Do I need a Will?

Making a Will is the only way you can be sure your Estate is distributed according to your wishes after you pass away. Where family or other people are financially dependent on you, it is even more important that you have a Will - it may continue to give them financial security long after you are no longer with them.

Intestacy

If you do not have a Will and pass away without one, the laws of intestacy will apply. This means that your Estate will go to your spouse or civil partner if you were married or living together at the time of your death, and to your children if you weren't married or living together. It should be noted that the law of intestacy may vary from the South Australian laws for property located outside of South Australia.

If you pass away intestate, the law will determine who inherits your Estate and how much they inherit. This can often lead to disputes between family members, which may end up going through the courts.

What is the process of getting a Will?

1. Our solicitors will schedule an appointment with you to discuss your wishes and how you would like your Estate to be divided.
2. We provide advice and make observations to confirm your capacity to understand and appreciate the significance of the decisions you are making. You may also wish to explore different options and take advice with respect to assets standing outside of your Estate, including Trusts and Superannuation Fund Entitlements.
3. We will then draft a Will and send it to you for your approval. This is usually conducted in-person, but can be done via email, telephone, or video call.
4. Once you have agreed to the draft, we will organise all the necessary documents, including witnessing, stamping, and filing at the Probate Registry.
5. Once finalised, your Will must be signed by yourself and witnessed by two or more witnesses.
6. You may choose to safely store your Will with us, while you retain a copy.

Do I need to update my Will?

It is important that your Will is kept up to date and that your solicitor is informed if any of the following circumstances change since your last Will:

• If you change your address;
• if your Executor changes their address;
• if you change your name;
• if anybody mentioned in your Will changes their name;
• if one of your Executors becomes permanently ill, dies, shifts away, loses touch, or becomes unsuitable;
• if a Beneficiary dies;
• if you have specifically left Property which you subsequently sell, give away, lose, or which changes in nature;
• if your family situation changes, such as by the addition of unspecified children, step-children, grandchildren, nephews, nieces, etc.;
• if a previously nominated Beneficiary has become guilty of "disentitling behaviour";
• if you separate or divorce from your spouse;
• if you marry after making this Will, it will be revoked by force of law unless it is expressed to have been made in contemplation of that marriage;
• if you enter into a permanent relationship being a de-facto marriage, common law marriage, or have been in a relationship for a period of three years and are deemed to be a genuine domestic partner;
• if special arrangements need to be made for any Beneficiary (whether infant or under disability); and/or
• if you wish to become an organ donor or donate your body for anatomical research.