Wills

Drafting a Will is one of those things many of us would prefer not to think about. But when you consider that having a Will in place ensures your wishes are properly recorded and carried out when you die, you realise how important and empowering it is to have one.

What is a Will?

A Will is a written document that specifies in detail how an individual (known as the Testator) would like their property dealt with after death.

A Will only takes effect after death. As a result, it can be revoked or changed at any time, as long as you have the mental capacity to do so.

What happens if you die without a Will?

If you die without a Will (known as Intestacy) your property is divided and allocated based on a set formula determined by the law.

Don’t risk making matters complicated for your Executor & your family

A properly executed Will must be clear, legally valid and binding. It should avoid confusion and conflict amongst your loved ones. Your Will must also comply with a number of formal requirements.

Failing to adhere to the rules can make matters complicated for your Executor and your family at an emotional time. In some cases, it could even lead to costly and stressful legal disputes.

We know the right questions to ask when you helping you prepare your Will

Anyone can be a beneficiary in your Will and you have the freedom to distribute your assets any way you choose. However there are some potential pitfalls to avoid when executing a Will.

We know the right questions to ask to ensure you have considered all possibilities. It is also vital that you understand the need to be of sound mind when writing a Will. If at any stage you lose your mental capacity, for whatever reason, it’s too late to write a Will. So the sooner you have a Will in place, the better. Remember, you can always change it down the track.

For a professionally executed Will, contact Aubrey Brown Lawyers, the Central Coast’s most experienced Estate Planning solicitors.  

Is a Will enough?

Your Will takes effect after death.  However, you may need assistance during your lifetime due to ill health, mental incapacity or an extended absence.

A Power of Attorney is required to enable your family to look after your financial affairs if you cannot.

An Appointment of Enduring Guardian allows your loved ones to make medical decisions for you if you are unable to.

Contested Estates

If you have been left out of a Will, or are the Executor of a Will being contested, you need the best legal advice and representation.

Examples of when a Will can be challenged include:

• A claim from a potential beneficiary
• The Will wasn’t signed properly
• The terms of the Will are invalid
• The Will may have been forged
• The Will may have been signed under duress
• The Will maker lacked the mental capacity to understand the Will

At Aubrey Brown Lawyers we have lawyers who specialise in advising on contested estates. Contact us if you need expert advice on a contested estate today.