Can I prepare my own Will or use a “Do It Yourself” Kit?

Posted by Kenneth Ti in Deceased Estate, Will Drafting, Wills & Probate | Tagged , , , , , , , , , , | Leave a comment

It is quite common to see “Do It Yourself” Will Kits in Newsagents or Post Offices. They are often inexpensive and contain directions in relation to how they should be filled out.

There is nothing stopping you from drafting your own Will or using one of these Will Kits – that being said, a Will must conform to strict legal requirements and if it fails those requirements the Courts may decide that it is not a valid Will. If this is the case then there is no Will, and your assets may be distributed in a manner which was not your intention.

A person who is not legally qualified will risk making a mistake, creating further complications or uncertainties for the loved ones they leave behind. It is not unusual for self-drafted Wills to contain ambiguous or unclear phrasing, or using words that may have a different meaning at law. Only a Court can resolve that ambiguity (or declare the Will invalid), and this could come at a substantial cost.

As a Will is an important legal document we recommend that you should have your WIll professionally drafted, to ensure that your wishes are properly recorded, clearly set out, and carried out by the right people. We can help you with all of that – if you have any questions, contact us using the quick enquiry form on this blog.

 

Want to know more about estate and succession planning?

For more information regarding our estates and succession planning services, including will preparation, powers of attorney, enduring guardianship, obtaining probate or letters of administration, and managing deceased estates, please use the quick enquiry form found on this page or call our office on 02 9687 8885. Our experienced estates lawyers look forward to assisting you with your estate and succession planning requirements.

This website is proudly supported by Phang Legal. This article was posted by Kenneth Ti, associate solicitor at Phang Legal.

Planning for the future

Posted by Kenneth Ti in Deceased Estate, Enduring Guardianship, Enduring Power of Attorney, Financial Planning, General Power of Attorney, Grant of Probate, Letters of Administration, Will Drafting, Wills & Probate | Tagged , , , , , , , , , , , , , , | Leave a comment

Estate planning can help avoid complications that can arise following the death of a loved one. With an ageing population in Australia, proper estate planning is critical to ensure that your loved ones are adequately taken care of and have directions as to what to do when you move on.

Estate planning can include the following matters:

  • Having a Will
  • Having adequate life Insurance
  • Making sure your superannuation benefits go to the right people
  • Having a list of all your assets and liabilities
  • Having an enduring power of attorney
  • Having an enduring guardian
  • Having an Advanced Health Directive

Estate plans should never be considered permanent as considitions, whether financial or personal, change. Your plans should be reviewed perhaps every five years or so, or whenever there has been an important or significant change in your life, such as the acquisition of a significant asset or liability, or the birth, death, or marriage of someone in your family.

We can help you review your estate plans – and where possible, help you transfer your assets to the next generation in the most effective way possible. If you have any questions please do not hesitate to contact us using the quick enquiry form on this blog.

Want to know more about estate and succession planning?

For more information regarding our estates and succession planning services, including will preparation, powers of attorney, enduring guardianship, obtaining probate or letters of administration, and managing deceased estates, please use the quick enquiry form found on this page or call our office on 02 9687 8885. Our experienced estates lawyers look forward to assisting you with your estate and succession planning requirements.

This website is proudly supported by Phang Legal. This article was posted by Kenneth Ti, associate solicitor at Phang Legal.

Exit, Stage Right – Do you Need to Sell your Business to Retire?

Posted by David Hazlewood in Financial Planning | Tagged , , , , , , , , , , | Leave a comment
Many business owners who had been looking towards retirement placed these plans on hold as they focused on surviving the GFC. As business and the economy recovers, we spoke to Noel Johnson of Johnsons Corporate about how they are finding the market for the business sales.

Want to know more?

For more information regarding our estates and succession planning services, including will preparation, powers of attorney, enduring guardianship, obtaining probate or letters of administration, and managing deceased estates, please use the quick enquiry form found on this page or call our office on 02 9687 8885. Our experienced estates lawyers look forward to assisting you with your estate and succession planning requirements.

This website is proudly supported by Phang Legal. This article was written by David Hazlewood and edited by Kenneth Ti, associate solicitor with Phang Legal.

Estate planning for the holiday season

Posted by Ern Phang in Wills & Probate | Tagged , , , , , | Leave a comment

Finding an excuse to discuss your Will over the holidays

An interesting observation of human nature is that there is a noticeable increase in enquiries for Wills and estate planning services during the period leading up to the holiday season around Christmas and the New Year. Why is that?

Some clients explain that it’s the thought of traveling and the risks associated with traveling. Others just worry about what will happen to them while they’re away or far from home. Others consider it a time for reflection and family, and realise (shock) that their affairs aren’t in order and it’s time for them to do something about it. They know they should have done it before, but just never got around to it (see our previous poll on why people don’t have a Will).

Whatever the reason may be, it shouldn’t take something like the holiday season or a trip away from home to prompt people into thinking about their Will or their estate planning requirements. The possibility or probability of passing away without a Will is the same if you don’t have a Will regardless of whether you’re staying at home singing Christmas carols, sipping cocktails and relaxing on some tropical beach, or enjoying skiing on a mountain top resort. If you don’t have a Will, you don’t have a Will (see our previous post on intestacy).

When the family comes together to celebrate the holidays, maybe that’s an opportunity to discuss some of the key issues related to your Will or your estate planning requirements – after all, those discussions generally involve or affect those closest to us, right? Is it an appropriate topic of discussion? Maybe not, you’ll need to decide that – but consider what other opportunities will you have throughout the rest of the year to have these conversations. When do most people get together? Maybe it’s weddings, funerals, birthday parties or key festive dates. It’s not easy and it’s probably uncomfortable as well – but that’s life, and should be doing something about it because before you know it another year will have gone by.

What we do know for a fact is that once you’ve done it, you’ve prepared your Will and you’ve stored it away, there is a sense of relief and accomplishment. It’s done! That’s the reward for not procrastinating any more. Sure, you might still have to review your Will from time to time, but that’s another issue for another day. For today, it’s done.

Then you can enjoy the rest of your holiday and the (hopefully) many more to come.

Want to know more about Wills and Estate Planning?

For more information regarding our estates and succession planning services, including will preparation, powers of attorney, enduring guardianship, obtaining probate or letters of administration, and managing deceased estates, please use the quick enquiry form found on this page or call our office on 02 9687 8885. Our experienced estates lawyers look forward to assisting you with your Wills, and your estate and succession planning requirements.

This website is proudly supported by Phang Legal. This article was posted by Ern Phang, solicitor director of Phang Legal.

How can a Parent Care for their Disabled Child after their Death?

Posted by David Hazlewood in Financial Planning, Trustee Duties, Wills & Probate | Tagged , , , , , , , , , , , | Leave a comment

If you are the parent of a child requiring ongoing care as a result of a disability, planning for their care in the event of your death is a major issue. One of the vehicles that can help manage their financial well being is a Special Disability Trust. Continue reading

Want to know more?

For more information regarding our estates and succession planning services, including will preparation, powers of attorney, enduring guardianship, obtaining probate or letters of administration, and managing deceased estates, please use the quick enquiry form found on this page or call our office on 02 9687 8885. Our experienced estates lawyers look forward to assisting you with your estate and succession planning requirements.

This website is proudly supported by Phang Legal. This article was written by David Hazlewood and edited by Kenneth Ti, associate solicitor with Phang Legal.