Services—Wills & Probate

Lewis & Weir

If there is one thing certain in life……it is death.  Yet the planning to deal with assets and wishes, knowing that it is going to happen, is sometimes too rudimentary and is sometimes simply left to chance or, more importantly, to others who may be grieving and not able to cope with the uncertainty of there being no Will.

 

There are a number of pieces of legislation which govern the making of a Will.  All are designed to give certainty to your wishes.

 

For example, the signing of the Will must be before two witnesses who must both be present and sign at the same time as the Will maker.

 

You must appoint an executor to manage and give effect to your wishes.  That can be a professional (who will charge) or preferably will be a family member with the necessary nous to be able to deal with your assets.

 

The Beneficiaries are those who will get what you wish them to have.  Your spouse or domestic partner, your children, parents, siblings, girlfriends, boyfriends, nieces, nephews, people who have helped you during your lifetime, charities, the list of possible persons is as long or as short as you wish it.  But it must be certain and clear, it is not a distribution you can get wrong.

 

In leaving your assets you should bear in mind what each represents either to you or the recipient.  For example, a piece of furniture that has seen out five generations of the one family would be treated differently from an investment property.  Personal effects different from cash.  You should list your assets first before deciding what to do.  List also, things of individual value or family value also in determining what should happen to those items.

 

Planning should also apply to superannuation and who the nominated beneficiary is of your Super.  Insurance also should have a named beneficiary.

 

A discretionary trust established during your lifetime is not yours to deal with in your Will.  Nor is a company. They are different from you in life and the Law treats them no differently in death.  It is important then how you deal with say Appointors under a trust or shares in a company.  Either way it is important that you understand the distinction in planning for your Will.

 

One of the most important decisions you make is what happens to your estate once you are no longer around and in control.  A Will is the only way you can properly benefit those for whom you wish to provide when you are no longer around.

 

If you wish us to help you, please register via lawyers@lewisandweir.com.au and provide us with your name, address and contact phone numbers so we can be in touch to start the process.

To contact us:

Lewis & Weir

11 Coolac Street

Cheltenham  3192

 

Phone:    03 9584 7066

Fax:        03 9583 4045

Email:  lawyers@lewisandweir.com.au

 

 

Postal Address

PO Box 55

Southland Centre  3192

Text Box: L & W
Lewis & Weir