Questions

Any adult over the age of 18 can witness a Will as long as they are not a beneficiary or the spouse/de-facto of a beneficiary, otherwise they could automatically lose their entitlement to the estate. Both witnesses must be present when the Will maker signs the Will and they must also witness each other signing …

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A Guardian is the person(s) that you nominate to take responsibility for your minor children in the event that both parents are no longer living. This is a very important role and one that requires serious thought. It is recommended that you discuss the appointment of a guardian with them prior to completing your Will. In most cases a …

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The Will combines the role of executor and trustee. In other words they are the same person(s). An executor is the person(s) who administers your estate after your death. They are charged with the responsibility of paying all creditors and ensuring that your wishes and instructions are carried out. It is usual for the main …

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If you change your name through marriage or divorce or any other reason, you should complete a new Will.

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A Will does not have to be updated if you change address. The inclusion of an address in a Will is to assist in the identification of a person but is not essential.

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Yes, life insurance and superannuation where there is a named beneficiary or where discretion is exercised by the trustee under a superannuation fund. It is recommended that you check with your financial adviser as to who is the beneficiary of your policies.

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Property that is owned in a “joint tenant” relationship is automatically passed to the other owner irrespective of what is stated in a Will. Property that is owned as “tenants in common” is structured in the form of shares and therefore can be passed onto any chosen beneficiary. Personal joint bank accounts and family homes …

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Your Will is exactly that, yours. You can decide to include or exclude anyone you like, however there are laws that may protect people who are deemed to be a dependant or close family member, from being left out of your Will. If a dependant or close family member is left out of your Will …

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A Will can be written by someone else on your behalf. In this case it would require that the Will have a special attestation clause which is not provided for in the Online Legal Will. It is therefore advisable to choose the Solicitor Will if you have such requirements and you have not already done …

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Probate is an order given by the Probate Supreme Court that states that the Will has been proved to be the last Will and Testament of the deceased. Probate allows the executor to collect and distribute the estate in accordance with the Will maker’s wishes. Probate is only granted when there is a Will and comes in one of two forms, either “common form” or, if …

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