If you die without a Will your assets could go to the Government and someone you may have wished to receive a gift, will not receive anything.
We always recommend keeping your Will up to date to ensure your assets go where you want them to go.
Lawlers Solicitors & Conveyancers offers one of the easiest and most cost-effective fixed price ways to make a legal Will. We can assist you in:
Drafting & updating Wills
Applying for Probate
Assistance with claims against Wills & Estates
Deceased Estate claims / defending deceased Estates
Estate planning administration
Letters of Administration (in the event that there is no Will or a Will is deemed invalid)
Supreme Court estate litigation; and
Preparing an Enduring Power of Attorney and Enduring Guardian
Intestacies (where there is no Will)
Superannuation Death Benefits
Why should I make a Will?
Many people do not realise that without a Will their family members are left with a heavy burden of trying to transfer property, deal with debts, and organise their loved one’s belongings.
Without a Will the Government will decide where your assets go.
If you have a Will, the Executor of the Estate can deal with these problems relatively smoothly.
Without a Will the law has set up what is called “Intestacy Rules” which means that when a person dies without a Will their property will automatically go to the following (if no-one falls in the category then the estate goes to the next category):-
- Spouse or De Facto Partner only
- Spouse or De Facto Partner and children (first $200,000.00 to Spouse or Partner then 50/50 between them and children)
- Children only if none then
- Parents if none then
- Brothers and Sisters (or their children) if none then
- Half-Brothers and Half-Sisters (or their children) if none then
- Grandparents if none then
- Whole-Blood Uncles and Aunts if none then
- Half Blood Uncles and Aunts
For example, if you die without a Will and are survived by your De Facto Partner and children to a former spouse, then your De Facto will receive the whole of your Estate (if valued at under $200,000) and your children will receive nothing.
For example, if you die without a living Spouse or Child or Parent, then your Estate will pass to your Brothers and Sisters or if they have passed away to their children.
If you have no living relatives falling into the above categories, then your Estate may pass to the Government as State Revenue and friends to whom you may have wished to make a gift, will not receive anything.
In order to properly protect your Estate as well as your family and loved ones we recommend you make an appointment today to make a new, valid Will.
Don't put off something that could save your loved ones a lot of distress and heartache.
Been left out of a Will?
If you expected to be a beneficiary of a Will but have not been provided for, you can make a claim against the distribution of any estate under the Family Provision Act 1982. We can help you clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.
Been appointed an Executor under a Will?
We can help you apply to the Supreme Court of New South Wales for Probate in instances where there is a valid Will and you have been appointed as Executor of that Will. The Supreme Court can then grant Probate which authorises you to distribute the Estate in accordance with the provisions of the Will.
Had a loved one die without a Will?
If there is no Will or the Will is invalid we can assist you with applying for Letters of Administration to the Supreme Court of New South Wales. There is legislation that details how an estate may be distributed and by whom. The Supreme Court can appoint an Administrator to distribute the Estate under the Wills, Probate and Administration Act 1898. We can help you through this complicated legal procedure.
Arrange a consultation with an experienced solicitor today to take care of your future.