What type of will do you need?

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How it works

After you complete an Estate Planning Fact Finder, answering some preliminary background questions, a solicitor who is experienced in Wills and Estate Planning attends your home, office or retirement village with a draft Will prepared on the basis of your replies to the Fact Finder.

The solicitor may then ask you some further relevant inquiries e.g. in relation to your assets, personal relationships, your children and other background information.

The solicitor will bring a portable computer and printer. This means that the solicitor will be able to amend and print a final version of your Will for you to execute in the comfort of your own home, or other designated place, in a timely manner.

In similar fashion, we can also provide two other important documents appointing a person or persons to make decisions on your behalf should you later become incapable of making such decisions by yourself. These are an Enduring Power of Attorney (in relation to financial decisions) and an Appointment of Enduring Guardian (in relation to appropriate lifestyle and medical treatment choices).

What happens next?

After your Will and/or other documents have been executed, we store the documents on your behalf in a safe custody packet at a secure location, at no additional cost. We will provide you with executed copies of your documents for your records.

Can I change my Will?

Yes. Your personal or family circumstances may change or you may simply wish to vary the gifts (bequests) contained in your will. Once you have made your Will, the hardest part is over. With the help of a solicitor, the document in place can be easily altered.

 

As technology changes, the way we conduct and operate business adapts and progresses. With the ingenuity of fully portable computers and printing equipment it no longer makes sense for solicitors to be confined to seeing clients in their office. Having regard to the needs of society and its changing dynamics, we bring to you Wills 2 You, a highly sort after, important service more accessible than ever.

 

The Benefits

Practical:

A trip to a solicitor’s office may not always be easy. The office is generally located in busy CBD areas where traffic and parking may be difficult. Further, you may be faced with other challenges such as mobility or health issues.
The ease associated with Wills 2 You makes it an appropriate service for a wide range of clients. Wills 2 You brings an unparalleled service, by delivering estate-planning advice by a solicitor in the comfort of your home, office or retirement accommodation.

Collaborative:

Many families are very open to the idea of implementing an estate plan not only for their elderly parents but also for themselves. We invite people to be collective in their approach to estate planning as where there is frankness and understanding during life, it is less likely there will be a problem after death.

So, what is my estate and what is estate planning?

Your estate consists of property that you own or control. This is not straight forward and can include your home, bank accounts and shares as well as superannuation (a trustee holds your superannuation for you) and interests in family trusts, estates and private companies. A close examination needs to be undertaken because the type of ownership, for example joint ownership, affects the administration of these assets on your death.

Estate planning: is an effective way to ensure that your estate is administered in accordance with your wishes and in a way that is both cost effective and ensures your assets are protected. You have worked hard to accumulate assets. It is important that not only your wishes are fulfilled following your death but consideration is also given to the most tax efficient outcomes and strategies to protect your assets.

Services

Simple Will

This involves simple, commonly referred to as “husband and wife”, Wills where a will maker leaves their estate to a spouse and then to the children of the marriage.

Complex Simple Will

These Wills involve more complexly held assets and/or blended family arrangements (where there is a second marriage or there are children from previous marriage or marriages).

Testamentary Trust Will

Testamentary trust wills are an estate planning tool used to maximise tax efficiency and protect a beneficiary’s inheritance from relationship breakdowns or attacks from creditors.

Enduring Power of Attorney

An enduring power of attorney is an estate-planning mechanism that relates to financial decisions.

Appointment of Enduring Guardian

An appointment of enduring guardian allows your guardian to make non-financial decisions on your behalf when you are no longer able.

Section 100 statements

It is simply a statement, prepared by way of a statutory declaration, whereby the will maker sets out the reasons for distributing their estate.

What happens if you die without a will?

We hear, all too often, of people dying without a Will. This is known as intestacy. In New South Wales when someone dies without a Will the Succession Act, the main piece of legislation in this area, dictates how assets are to be distributed in an intestacy.

This may result in somebody, for whom you may have wished to provide for, either receiving a reduced entitlement or no entitlement to your Estate. This can be illustrated with an example as follows.

Example: Cynthia and John, aged 55 and 58 respectively, had been seeing each other casually for some time. In the last two and a half years they decided to move in together given that all their children have grown up and left home.

They both separately wish that, upon their death, to benefit their respective children from previous relationships. However they have never discussed this with each other. Further, neither of them have a Will or any other documents stating their intentions as to how they wish their estate to be divided.

Tragically, John dies suddenly and unexpectedly from a heart attack.

John has modest assets including $300,000.00 cash at bank and some Telstra shares of an approximate value of $6,500.00. Under intestacy laws in New South Wales, Cynthia is entitled to his entire estate.

This means that the only way for John's children to see any entitlement from their late father's estate would be commencing legal proceedings, a costly and timely process – with an uncertain outcome.