Wills

Why create a Will

Every adult should have a Will. We can assist you by drafting and finalising a legally effective Will to ensure that, in due course, your estate is left to the people you care about and for whom you wish to provide.

It is extremely important to correctly word your Will, because a poorly worded Will could mean your estate may not be distributed exactly according to your wishes. This can put unnecessary pressure on the family and may lead to unpleasantness, serious dispute or even litigation. If your Will is not valid, your estate will be distributed according to a formula determined by government. This may result in family members who have little or no relationship with you receiving a share of your estate.

A Will can be a simple or complex document, incorporating one or more different types of Testamentary Trusts (such as Discretionary Trusts, Charitable Trusts or Special Disability Trusts) to enable inheritances to pass through a trust structure. We can advise you in relation to the most appropriate type of Will to suit you and your circumstances.

 

Changing a Will

You should review your Will every two to three years, whenever a major event occurs in your family, or whenever there are significant changes in your assets or the taxation law. You may consider changing your Will if, for example, you have changed your name, if an executor has died, if a beneficiary has died, if you have sold property that was designated under the Will to a specific person, if you marry or divorce, if you enter into a new relationship, if you have matrimonial difficulties or you have new children.

You are free to change your Will or revoke it at any time without informing your partner. However, this does not apply if you and your partner have made mutual Wills (i.e., you have agreed not to change your Wills without the agreement of the other partner). Mutual Wills are occasionally used to protect children of earlier relationships where couples have entered into second or subsequent relationships.