Wills for Estate Planning

Upon death, a Will is arguably the most important piece of document you would have created in your lifetime. The Enduring Power of Attorney and Appointment of Enduring Guardian will cease to be effective once you pass away. Therefore, it is incorrect to assume that because you have appointed an Enduring Power of Attorney, they are able to handle your legal and financial decisions upon your death. 

The only person/s that would be able to manage your assets and administer your Estate upon death are your appointed Executors. If you do not have a Will and therefore do not have Executors listed in a Will, your loved ones will have to go through the entire process of seeking Letters of Administration from the Supreme Court. This is usually accompanied with requisitions from the Supreme Court requesting further and better details about your death and Estate before Letters of Administration are granted. This puts your family through unnecessary emotional, financial and physical stress. 

A well drafted Will clearly sets out how you would like the assets of your Estate to be managed and distributed, the appointed Executors of your Estate, legal guardians and arrangements for loved ones with disabilities and/or children under the age of 18 years, along with any religious or cultural funeral arrangements. 

It is also important to note the following in relation to Wills:

• Marriage after the creation of a Will makes it null and void; and 
• Superannuation does not form part of your Estate, therefore it is not sufficient to draft a provision in your Will gifting your superannuation to loved ones. 

Therefore, drafting a valid Will requires more thought and effort than people think it does. Speak to our experienced lawyers here at Green & Associates Solicitors for advice on how to effectively manage your assets and draft a Will that is tailored to your circumstances. Contact us on (02) 8080 7585 for assistance in drafting your will.

Green & Associates Solicitors Experience and Success 

• We have drafted the most simple and effective Wills right through to the most complicated, comprehensive and careful, depending on the circumstances;
• We have prepared internationally-enforceable Wills that have stood the test;
• We have drafted Wills with the deliberate intention of withstanding family provision claims, pending marriages and recent relationship breakdowns, all with success;
• We have dealt with international assets;
• We have structured ongoing trusts and care arrangements for beneficiaries with disabilities;
• We put systems in place so beneficiaries and executors know precisely where to look and what to do, while maintaining our clients’ privacy both during and after their lives;
• We also prepare supporting documents necessary to give effect to testamentary intentions, such as binding non-lapsing death benefit nominations (even where industry superannuation fund trustees do not offer them).

We also provide in-house advice to companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).