1. Why do I need a will?

 

A will ensures your assets are distributed according to your wishes after your passing. Without a will, your estate may be subject to intestacy laws, which may not align with your preferences and could lead to disputes among loved ones. 

 

2. What happens if I die without a will?

 

If you die without a will (intestate), your estate is distributed according to state or territory laws, which may not reflect your wishes. This can result in delays, higher costs, and potential conflicts among family members.​

 

3. How often should I update my will?

 

You should review your will every 3–5 years or after major life events, such as marriage, divorce, the birth of a child, or significant changes in your financial situation, to ensure it remains current and valid.

 

​4. What is an executor, and who should I choose?

 

An executor is the person you appoint to manage and distribute your estate according to your will. Choose someone trustworthy, organised, and capable of handling financial and legal matters. It could be a family member, friend, or a professional, like a solicitor. 

 

5. Can I make my own will, or do I need a solicitor?

 

While you can create your own will, a solicitor ensures it is legally valid, clear, and tailored to your circumstances. DIY wills risk errors or ambiguities that could lead to disputes or invalidation. 

 

6. What is a power of attorney, and why is it important?

 

A power of attorney is a legal document that authorises someone to make decisions on your behalf if you become incapacitated. It’s crucial for managing your legal or financial affairs when you’re unable to do so.

 

7. What is an enduring guardian, and why is it important?

 

An enduring guardian is a legal document that authorises someone to make medical and lifestyle decisions on your behalf if you become incapacitated. It’s crucial for managing your personal affairs when you’re unable to do so.

​

8. What is probate, and when is it required?

 

Probate is the legal process of validating a will and administering an estate. It’s typically required when assets, like property or bank accounts, are held solely in the deceased’s name. A solicitor can guide you through this process.

​

9. How can I protect my estate from disputes or challenges?

 

A properly drafted will by a solicitor, clear documentation of your intentions, and open communication with beneficiaries can minimise disputes. Including an exclusion clause or setting up a trust may also help. 

​

10. What is an estate plan, and do I need one?

 

An estate plan includes your will, power of attorney, enduring guardianship, testamentary trusts, and other documents to manage your assets during and after your life. It’s essential for ensuring your wishes are followed and minimising taxes or legal issues. 

 

11. How much does it cost to create a will or estate plan?

 

Costs vary depending on the complexity of your situation and the services required. Contact us for a tailored quote, and we’ll provide transparent pricing for drafting wills, trusts, or handling estate administration. 

 

12. Can I include digital assets in my will?

 

Yes, digital assets like online accounts, cryptocurrencies, or social media profiles can be included in your will. A solicitor can help you outline how these assets should be managed or transferred. 

 

13. What is a testamentary trust, and when should I consider one?

 

A testamentary trust is a legal arrangement where assets are held for beneficiaries. It’s useful for protecting assets, minimising taxes, or providing for minors, people with disabilities, or charitable causes. A solicitor can advise if a testamentary trust suits your needs. 

 

14. How long does it take to settle a deceased estate?

 

The time to settle a deceased estate varies, typically taking 6–12 months from the date of death for straightforward cases. Complex estates or disputes can take longer. A solicitor can streamline the process and handle legal requirements efficiently. 

 

15. Can I appoint a guardian for my children in my will?

 

Yes, you can nominate a guardian for your minor children in your will to ensure they are cared for by someone you trust if you pass away. A solicitor can ensure this is legally binding. 

 

16. How do I get started with creating a will or estate plan?

 

Contact our experienced wills and estates team for a consultation. We’ll discuss your needs, explain your options, and guide you through the process to create a plan that protects your legacy.