Your estate planning law firm
You may not find it easy to think about preparing a will and getting your affairs in order. But it’s too important to put off indefinitely.
The experienced and sympathetic estate planning solicitors at Stacks can draft your will in a way that is tax effective, reduces the likelihood of family disputes and ensures that your decisions are respected after you die.
We understand that your situation may be complex, whether due to a previous divorce, a blended family or a dependant whose needs require special consideration. We’re familiar with all the scenarios.
You can trust us to look after all the legalities, whatever your ultimate wishes may be.
Why choose Stacks Law Firm, Blue Mountains?
effective and clients are in control of their own legal affairs
A.C.
We are experts in all aspects of wills and estates
- Advising you on the best way to structure your affairs
- Making sure your will is valid, meaning properly drawn, signed and witnessed
- Making sure your wishes are clearly expressed in your will
- Advising you about adequate provision for your spouse and children, or for any former spouse and any dependants
- Advising you on choosing an executor
Got some questions?
Your property and possessions include everything you own: your home, land, car, money in bank accounts, insurance policies, shares, jewelry, pictures, furniture, and so on. There are some things that cannot be given away in your will, such as property you hold in joint names, and assets held in companies, trusts and superannuation funds. Subject to this, however, most of your property and possessions can be dealt with by a will.
Making a will is the only way you can ensure that what you own will be distributed in the way you want after you die.
To be valid your will must be:
• In writing – handwritten, typed or printed;
• Signed – ideally your signature should be at the end of the will;
• Witnessed – Two witnesses must be present when you sign your will, and they, too, must sign it in your presence.
If your will is not made in this manner it may not be enforceable, and your property could be disposed of as if you had not made a will.
Being an executor is a very responsible position. The executor may have to obtain probate of the will and pay any taxes, debts or expenses before finally distributing the balance to the beneficiaries named in your will.
If the alterations are minor, you can make a codicil (a separate document in which you change a provision in your will) but it is usually better to make an entirely new will unless the change is very simple. A codicil must be signed in the presence of two witnesses, in the same way as when you make your will.
If you divorce after making a will, then generally any gift or appointment (e.g. as an executor) in favour of your former spouse is automatically revoked. It is best that you make a new will or codicil if you are divorced or have been separated for a long time.
Rita Fisher
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