Why should I make a Will?

• A will allows you to decide who gets your property when you die. You might have friends, family, clubs or charities that you wish to benefit. By having a will, you can ensure that this is done.
• The law says that a person who dies without a will has their property divided according to a set formula. The wishes of a person dying without a will are irrelevant. If you die without a will your property may not go to the people to whom you would wish it to go. A de facto spouse, for example, has no automatic claim to a share of your estate at present although this is under consideration..
• A will can provide a guardian for your children on your death. This means that a close friend or member of your family can act as a parent for them. Your will can also set up trusts to provide financial support for your children.
• A will can include directions for your burial or cremation.
• There is usually less cost in distributing property under a will than there is in distributing it without a will. Without a will, your family may have to prove relationship to you. This can cause delays and expense.
• Everybody, whether they have much or little property, should have a will.

Who can make a will?

• Anyone aged 18 and over
• Anyone who is or has been married

How long is my will valid for?

• Get married
• Make a new will
• Destroy your will
• Divorce will not invalidate your will, but any gifts to your former spouse will lapse

When should I make a new will?

• On marriage
• On entering a de facto relationship
• On divorce
• On separation
• On the birth of children, grandchildren or other people who you wish to include in your will (unless already covered)
• When you decide you want to change who gets your property under your will.

Should a solicitor prepare my will?

Wills are different from most other documents in that in the event of doubt as to your intentions you will not be there to assist. It is important that there are no doubts or misunderstandings and also that the signing formalities (required before a will can be valid) are strictly observed. For these reasons we strongly urge that a solicitor be retained.

What will be the cost

Normally between $50 - $100.

What details will my solicitor need to make a will for me?

• Your name, address, occupation and date of birth
• The names, addresses and occupation of any family and friends that you wish to include in your will.
• The name of any charities that you wish to benefit.
• The name, address and occupation of any guardian for your children that you wish to appoint.
• A list of your major assets and liabilities, including whether or not any assets are jointly owned with another person.
• Any directions for your funeral that you would like to include.
• You should also have an idea of how you want your property distributed. For example you could leave it all to your husband or wife, but if they die before you, to your children in equal shares

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