Without a will in place, you do not get to decide what happens to your assets when you die – it is distributed in terms of a formula set by legislation. Depending on one’s circumstances, important people may be excluded and receive nothing, such as children from previous relationships or more distant relatives. There could be an old Will floating around which will apply unless a new one supersedes it. If there is no will in place appointing a guardian to your children, the court will need to decide who becomes their guardian. Parties may also want to insulate and protect assets by using discretionary trusts, instead of giving assets directly to a beneficiary who may have financial troubles.

Anyone over the age of 18 is eligible to make a will. All will-makers must be of sound mind at the time of making a will.

Wills should always be up to date with current circumstances of the individual. Reasons to update your will consists of:

1. Change in relationship status (a change in marital status may void your will)
2. New child/ children
3. Change of guardian and/ or executor

Wills should be reviewed every now and then to make sure your will is up to date.

Yes, enduring power of attorney acts on behalf of you in the event where you are unable to speak for yourself. You need a will to specify how you want your assets to be distributed upon death.

A testamentary trust is a trust set up by the will-maker to give a greater level of control over distributing assets to beneficiaries.

Yes, to validate your will you will need to sign your will on each page (where marked) in the presence of two witnesses who will also need to sign. Clearly identify to the witnesses that this document is your last will and testament.

You will need to keep a hard copy of the original signed version of your will for it to be executed.

The executor has the responsibility of collecting all the assets of the will-maker, paying off any debts left by the will-maker and distributing the assets of the estate according to the will-makers guidelines.

The executor should be someone you trust as they will be looking after your financial state when you pass. Your executor does not need to have any legal expertise, it can be a family member or a close friend. An executor can always hire a solicitor should the need arise.

The executor must be over the age of 18. An executor can be disqualified if they have been convicted of a crime.

Stepchildren are not your natural heirs unless you have legally adopted them. If you want to include your stepchild/ren you must enter their names under the children tab.

If you wish for your estates to be evenly distributed amongst your children, then you must input all your children’s names. Any child not specifically named in your will may have the right to claim against your will as if no will had been created.

A guardian is an individual/s who will look after your children (under the age of 18) should you (and your partner) pass away.

Your guardian should be someone you trust (a family member or friend). You should always discuss with the person you select to be your children’s guardian because at the end of the day they will be the ones taking care of your children if you (and your partner) pass away. Note: If you don’t have a guardian in place the courts may decide who looks after your children.

If none of your beneficiaries can accept your assets, you have the option to donate them to a charity of your choice. If you don’t want to donate your assets to a charity you do not have to.

In most states, if you get married, any previous will that you have made will be revoked unless the will was made in contemplation of marriage.

Depending on which state or territory in which you live, a divorce may revoke your previous will. Please obtain legal advice

No, each person must have their own will. Our wills are designed so that if you were to die your partner will receive everything. If your partner was to die then all your estates will be equally divided to your children, if you have no children then to your beneficiaries.

Your assets will be distributed to your partner through a testamentary discretionary trust. If your partner is unable to accept your estate under any circumstance or you do not have a partner they will go to the beneficiaries you enter in your will.