How To Make A Will In Australia

For a Will to be legally valid in Australia, the following conditions must be met:

1. The testator making the Will must be at least 18 years of age with sound mind.
2. The testator can revoke previous Will or by default remarrying or divorce will nullify the previous Will.
3. The Will must be made voluntarily without any pressure from another person.
4. The testator must understand the contents of the Will, and is important to communicate this to the witnesses.
5. Two witnesses (who are over 18 and who are not beneficiaries in the Will and not the partner of a beneficiary) must sign, and acknowledge the Will in the presence of the testator. They must witness the testator signing the Will. Preferably they should be younger and be contactable in the future.
6. For more information about making a Will check out the Succession Act 2006 (NSW) If you have a complex case, we suggest you consider using our estate planning solicitor to assist you with writing your will. Again this will be fixed costs based on value of your assets.

Probate ? Tell me more

1. The purpose for a grant of probate is to procure a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased's will. The Supreme Court of New South Wales only has jurisdiction if the deceased left assets in New South Wales
2. Uncontested applications for grants of probate are considered and determined in chambers by a registrar. Grants of probate made on an uncontested application are known as grants in common form.
3. Whether one need probate or not also depends on the assets. For example if the land title is by Joint Tenancy, then on the death of one party, the remainder gets the deceased's share.
4. If the testator/deceased did not name an executor then it is not possible to apply for probate. In such cases a beneficiary under the will can apply for letters of administration with the will annexed.
5. If the testator marries or remarries after executing the will, this may revoke the will. A divorce will also normally revoke the former spouse's entitlement under the will and their rights to be the executor of the will.
6. Lastly, the original will (and codicils) must be filed with the probate application and will be retained by the Court. A copy may be able to be filed but evidence must be found to show that this is the last will, the original cannot be found and the lawyer who prepared it must be called. It is not 100% gaurantee but the alternative is Letters of Administration.

Every Australian needs a will.

If you die without a Will, your estate will be divided according to state government rules. For example in NSW if you leave a wife and a child, your wife gets everything. Worst if you don't have any family members it goes to the State. See Chapter 4 of the Succession Act 2006 No 80 (NSW) By having a will makes your wishes clear and legally binding. We make it simple for you and your loved ones. Read more...

Enduring Power of Attorney & Enduring Guardianship

An enduring power of attorney grants someone you trust power over your financial affairs when you are no longer able to manage them yourself and Enduring Guardianship grants someone you trust power over your personal and health care decisions. We include a standard FREE Enduring Power of Attorney Read more... and standard FREE Enduring Guardianship with each Will. Read more...

Will embedded in Non-Fungible Token - NFT

Though digital wills are not recognised in law (you need a paper and signed with ink)there is still a good case for embedding it inside an NFT is two folds - Immutable and is time-stamped on a public block-chain. We obviouly encrpted this first. Our costs is a fixed $100 and you will need to have an wallet "Address" to recieve the NFT.