You are in a position where you are starting to think about your loved ones and what will happen to them once you pass away. The time has come where you are seriously considering the process involved to make a Will (Australia).
The only issue Is, you are uncertain about how to make a Will.
If this is your only issue, then you do not need to worry. The process for making a Will is relatively simple in Australia.
The purpose of this article to provide you with an easy to understand guide on the process to make a Will in Australia.
Are There Any Legal Requirements Before Making a Will?
Before you can make a Will in Australia, it is essential to note that some legalities must be abided by before you actually can. These are necessary for your Will to be legally valid. Otherwise, it will not hold any legal weight and will not be required to be followed upon your passing away.
These legal requirements are:
1. You must legally be an adult, or in other words, at least 18 years of age. The only exception to this is if you are married.
2. You must have what is referred to as ‘testamentary capacity’. This includes:
- Understanding the legal consequences that flow from creating your Will
- You are not mentally impaired or ill to the point which has impacted your ability to understand your decisions and make illogical decisions
- Being aware of all of the assets that you own and are in your control
- You know which people are generally expected to benefit from your Will (such as family and friends)
Can I Make a Will (Australia) Myself?
Through the use of Do-It-Yourself (DIY) Will kits, it is certainly possible to make a Will in Australia yourself without the assistance of a solicitor.
Making a Will by yourself can save you hundreds, to even a few thousand dollars. However, for such an important document – we can recommend leaving it to the professionals. This is especially the case if you have a more complex Will to draft involving a more significant estate, multiple assets, blended families, self-managed super funds and so forth.
The main issue with such DIY kits is that some of them will not tell you all of the legal requirements that need to be observed, such as witnessing your Will, writing and signature requirements, and so forth.
Accordingly, the main concern would be that your Will won’t be legally valid once you pass away because it is missing one of these legal requirements. As such, your beneficiaries or anyone else not mentioned in the Will may attempt to contend your Will, against your wishes..
Before You Contact a Solicitor
To make a Will (Australia) with a solicitor, you should first prepare a series of items that can help drastically reduce the time and costs of having the solicitor prepare your Will.
Such items you should have ready before contacting a solicitor include:
- A list of all your assets, shares, investments, property and so forth that will be included in your Will;
- The list of all the beneficiaries of your estate, including their full name, residential address and date of birth;
- Your bank account details, numbers, statements; and
- A list of sentimental items and family heirlooms to be included in your Will.
How To Make a Will (Australia) With a Solicitor
The process to make a Will (Australia) with a solicitor is very easy – especially if you have already gotten a head start and begun preparing all the necessary information your solicitor requires to draft your Will.
The initial meeting with your solicitor usually covers collecting preliminary details from you and then drafting your Will accordingly to your Wishes.
The second meeting will usually have your solicitor go through your Will and ensure all your details and wishes are correctly reflected in the document. During such a meeting, you can make changes to your Will as you go along.
During this meeting, a third party will be present, so witness and sign off on everything to ensure everything has been handled correctly for you and the solicitor. Once this is done, you no longer need to worry! You can finally rest easy knowing that your loved ones will be taken care of according to your wishes.
Importance of Seeking Legal Advice
When discussing ‘how to make a Will Australia,’ it is essential to note that it is possible to make a Will yourself. However, doing so is not without its drawbacks.
Please do not hesitate to contact our team of friendly and experienced Wills & Estates lawyers to chat more about the process of making a Will.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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