Will Planning Lawyer s
Regardless of your worth or circumstances, it is important every person has a valid Will. Working with an estate lawyer will make sure that your Will is legally valid, which will save your family members time, money and stress after your passing.
A valid Will is essential to ensure that a person’s estate is distributed according to their specific wishes after their passing. It should detail specific gifts to family members and friends, funeral arrangements, and any other legally binding instructions. Without a valid Will, the Supreme Court may decide on the distribution of your assets, which might not align with your best interests or those of your loved ones.
The Estate Lawyers at PB Lawyers Australia will make sure your Will is airtight and will serve its purpose flawlessly. We offer:
- Will Writing
- Will Ammending
- Original Will Storage
What is a will?
A will is a legal document which sets out who will receive and be responsible for your property and possessions when you pass away.
A will generally states:
- How your assets (e.g. bank accounts, personal property, real property, shares, etc) will be distributed between your beneficiaries
- How your debts will be managed
- If you have children under the age of 18, how they will be cared for
- How your remains will be dealt with e.g. burial, cremation
- The executor i.e. the person responsible for your estate administration once you pass away
What information do you need when putting together your will?
- Vehicles: The model, year, and registration details of any vehicles you own; including motor vehicles, caravans, boats, and/or motorbikes
- Shares and Investments: All Security Reference Numbers – these can be found on dividend statements
- Funeral Arrangements: Details of any prepaid funeral plan/policy and/or funeral bond and/or prepaid monumental works
- Bank Accounts and Term Deposits: Recent bank account statement along with account numbers
- Superannuation: The name(s) of your Fund/s and your member number(s)
- Insurance: The company names and reference numbers relating to your life or life or funeral policies
- Overseas Assets: Details regarding any international assets you have
- Other Assets: The trust deeds, partnership agreements, and/or articles of association relating to private companies, partnerships, and/or family trusts AND Details of any digital assets such as online betting accounts
- Liabilities: Details of any outstanding liabilities, such as a home loan or other loans, including loans to family members.
At PB Lawyers Australia we recommend you leave the original will with us for safekeeping, otherwise please store your original will in a fireproof and secure safe, as the original will is what is going to be called on at the time of passing.
What to Expect when working with PB Lawyers Australia
Here are some reasons why people choose us:
- Punctual and Precise: From your first consultation until a successful solution, we will work hard to resolve your matter fast and with precision. We answer all enquiries quickly as we understand how stressful legal pressures can be. And more often than not, time is crucial, so we act promptly. Having the right lawyer in your corner is the most important aspect when dealing with legal matters, so as we are fast, we are also as experienced and thorough.
- Understanding and Perceptive: We understand that being involved in any legal matters can be stressful. So, we take the time to learn your situation and get a good grasp on all the relevant factors and use that information to work for you in the best way possible. We’re here to guide you every step of the way, we will listen to you, offer advice, answer any questions you have and ensure that you have all of the information you need to make an informed decision every time.
- Affordable and Reasonable: There is no surprise in saying that legal fees can be expensive, however, engaging a lawyer may be less expensive than you realise. Doing so will most definitely reduce the amount of stress and the amount of time in dealing with your legal matters. We offer flexible billing arrangements for our services, including event billing, time interval billing and fixed rate fees. We’ll also be transparent with you about the costs surrounding resolving your matter and provide you with a quote once we’ve had a consultation with you and understand your situation.
- Experienced and Knowledgeable: Each member of our trusted team has years of experience in the areas of law they each practice, coming from different cultural and societal backgrounds. This allows us to understand your situation more easily and work together to find the best outcomes for your situation. Like we said before, no two situations are the same, but our vast range of experience means that we can certainly help you.
Our Will Solutions Include:
Assisting You Gather Relevant Documentation
Drafting Required Documents
Giving You Advice on the Best Method to Proceed
Providing a Free First Consultation
Taking Will Instructions
Original Will Storage
Creating Certified Copies
Advising on any Possible Claims
Executing Wishes, Instructions and Documents
Client Testimonials and Reviews
Frequently Asked Questions
Why should one get professional advice over DIY Will kits?
Professional advice ensures compliance with legal requirements, avoids common pitfalls and mistakes, and helps in drafting a clear and well-structured Will, reducing the risk of disputes and ensuring the will-maker’s wishes are accurately represented.
What do I do if a member of my family dies without a Will?
If a member of your family dies intestate (without a Will), a family member, who is also a beneficiary, may need to apply to the Court for Letters of Administration.
In this regard, all other beneficiaries under the rules of intestacy will need to consent to that application.
Again, whether Letters of Administration are required will depend on the assets of the deceased and their value.
The assets will be distributed according to a legislative formula with specific family members receiving a defined percentage of the assets, despite what the deceased may have wished.
If I have fallen out with someone, do I have to leave them anything in my Will?
You have no legal obligation to leave your Estate to anyone.
A Will is a legal binding contract between you and your Executor.
However, there is legislation enacted which allows your spouse, former spouse and your children to make a claim on your Estate.
The success of such a claim will depend on a number of important factors. You should obtain legal advice if this is a concern of yours.
What is a deceased estate?
Deceased estates are the remaining property, possessions and collective wealth of individuals after death. These types of estates are usually managed and dispersed to the beneficiaries using a document such as a will or a document intended to be a will. If no valid will is available, then deceased estates can be administered and distributed under the Succession Act (2006).
What is estate litigation?
Estate litigation occurs when a dispute arises around an estate following the loss of a loved one, or when an elderly person may lose capacity which can present legal issues (such as enduring power, undue influence, etc.). These types of disputes are commonly quite emotional and can escalate interpersonal conflicts between family members and loved ones and focuses on navigating the overall management of an estate during this stressful time.
