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Wills and Estate Planning

Where there is a Will, there is a way…

So the saying goes. But what is a Will and why should you worry about making one anyway?

Essentially a Will is a legal document (crafted on old-fashioned analogue paper) which sets out your wishes regarding the distribution of your assets upon death.

Your property is no doubt precious to you but without a Will, you can’t control what happens to it after you pass away. If you die without a Will or if you have a Will but it is invalid or ineffective, you have died ‘intestate’. This means your property may be distributed according to state legislation, which may not necessarily reflect your wishes. That nephew you’ve always despised (and who can’t drive) might end up with your prize vintage 1940s Holden car. Imagine looking down on that from the heavenly gates. Some things are best avoided by all means necessary - and by that, we mean by making your wishes very clear via this simple document known as a Will.

If you have your Will professionally drafted by AlphastreamLawyers you will receive appropriate advice for your particular circumstances and can take comfort in the knowledge your Will is prepared and executed properly to give effect to your wishes.

The other matter which must be brought to your attention is this - it is critical you do not leave it too late to create your Will. The law requires that you have the necessary ‘testamentary capacity’ to make a Will. Sadly, all too often we see clients who have delayed making or reviewing their Will until it is too late, and they no longer have the required capacity. This is a really difficult situation for everyone involved but particularly for the client. It is never too early to begin thinking and planning for your future. Why not start today?

There are certain times in your life when making, reviewing or updating your Will is really important.

For example:-

  • When you buy a house
  • When you receive an inheritance
  • When you marry (marriage will revoke any previous Will you have)
  • When you separate and/or divorce
  • When you have children

If you have a child, who will care for that child should you pass away? Importantly, you can nominate a guardian for your child in your Will.

If you have separated from your partner but you’re not yet divorced and you pass away, in the absence of a Will saying otherwise, all your property will most likely go to the ex-husband or wife you couldn’t wait to get away from. This is probably not the result you’re looking for.

You can also nominate in your Will if you want to be cremated or offer your body for organ donation.

Don’t put it off any longer. Make it a priority to finalise your Will today.

Updating or drafting a Will doesn’t have to be a hassle. Sure, nobody wants to think about death and dying but we promise to keep it as simple and pain free as possible. (Just like a good dentist.) Call to make an appointment today.

Alphastream Lawyers offer a specially priced package deal to best assist you plan for your future. Call us to have your Will drafted to your specific instructions, with an Enduring Power of Attorney (Financial), Enduring Power of Attorney (Medical Treatment) and Appointment of Guardianship (Lifestyle) all for one special price. We also offer a discounted rate for couples and a pensioner discount.

Alphastream Lawyers