Wills & Estates
A valid will is one of the most important documents an Australian resident can have, regardless of the size of their estate. In Australia, if someone passes away without a legally recognized will, their estate is distributed according to the rules of intestacy, which can lead to outcomes that don’t align with their wishes. Even the smallest estates can create challenges for loved ones without a clear, legally binding will in place.
At Bleier Family Law, we understand that discussing and creating a will can be a sensitive process. Our team is here to provide compassionate, professional guidance to help you draft a comprehensive will that reflects your intentions, complies with Australian legal requirements, and protects your loved ones.
Many people wonder if a standard will kit is enough or if a professionally drafted will is necessary. While a basic will kit might address straightforward scenarios, it often overlooks important details that a lawyer familiar with Australian law would cover. Bleier Family Law can help ensure your will is tailored to your unique circumstances, covering essential aspects that could otherwise lead to disputes or unintended distributions.
We also emphasize the importance of keeping your will up to date. In Australia, certain life changes—such as marriage, entering a de facto relationship, having children, or changes in property ownership—can impact the validity of your will, with some events even causing a will to be revoked in certain states. Bleier Family Law offers regular will reviews to keep your documents current and aligned with any changes in your family structure, assets, or the law itself.
By working with Bleier Family Law, you can have peace of mind knowing that your estate planning is in capable hands, guided by professionals who understand Australian laws and are dedicated to protecting your legacy and loved ones. Let us help you create or update your will so that your estate will be managed according to your wishes, providing security and clarity for those you care about.
What is a Will?
Why Should you make a legal will?
A legal will allows you to specify who should inherit your belongings, which is particularly important in complex family situations, such as multiple marriages or children from different relationships. It’s also essential to consider your dependents, as you are obligated to provide adequate support for them.
To ensure your will is valid, enforceable, and aligned with your wishes, we recommend working with one of our experienced solicitors at Bleier Family Law. This can help minimize disputes and secure your legacy in New South Wales.
Updating your Will
You can update your will at any time, and it’s important to do so whenever there are significant changes in your life. To make amendments, you typically need to complete a codicil, which is a formal document that authorizes changes to your existing will. A codicil must meet the same legal requirements for validity as a will.
However, if you are making substantial changes, it may be more beneficial to create an entirely new will. It is crucial to update your will if you get married or divorced, as these life events can automatically revoke certain provisions in your existing will. Regularly reviewing and updating your will ensures that it accurately reflects your current circumstances and intentions.
What Happens After You Die?
When you pass away in Australia, your will is referenced to determine how your assets and possessions will be distributed. In your will, you will have appointed an executor and trustee, responsible for gathering all your assets and distributing your estate—comprising all your belongings—to your beneficiaries. This individual will also manage any assets intended for your children who are under the age of 18 (or another specified age in your will).
The executor may choose to engage a lawyer to assist with the legal processes involved, which may include applying for probate. In Australia, probate is a court grant that confirms the validity of your will. It's important to note that only a lawyer can apply to the Supreme Court for this grant of probate, ensuring that your estate is managed in accordance with Australian laws and regulations. This process helps to protect your wishes and ensures that your estate is handled properly.
What does it mean to be the executor in a will?
If you have been named the Executor in someone's will, it means you are tasked with fulfilling their wishes after their passing. This responsibility may include organizing the funeral, managing the sale of property, closing bank accounts, and distributing assets to beneficiaries as specified in the will.
Understanding the role of an Executor is crucial, as it involves various legal, financial, and taxation obligations. The administration process can often take considerable time, especially if the estate is complex, with potential disputes, trusts, or life interests to consider.
Moreover, handling the responsibilities of an estate while navigating your own grief can be particularly challenging. It’s important to seek guidance from legal professionals or support networks to help you through this process, ensuring that you honor the wishes of the deceased while managing the practical aspects of the estate effectively.
What is Probate?
Probate is a legal process that involves obtaining a grant from the Supreme Court of New South Wales to confirm that a will is valid. This grant officially recognizes the will and gives the executor permission to manage the estate according to its terms.
As the executor, getting this grant is important for carrying out your responsibilities. It allows you to access estate funds, as banks and financial institutions will require it before you can close accounts or distribute assets. If the estate includes property, you'll also need the grant to sell or transfer that property.
In short, probate is a necessary step in managing the estate, ensuring the deceased’s wishes are followed and all legal requirements are met.
