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Wills and Estates Lawyers


Newcastle Estate Planning Lawyers

We appreciate that planning for your family’s future is a sensitive topic, however it is one that is extremely important. As a professional estate planning lawyer, our purpose is to help you plan what you’d like to happen after you pass and to put a legal Will in place.

Our Wills & Estates Planning Services

Having a legal Will in place ensures that, after you pass, your intentions and wishes for your estate are known and can be distributed in accordance with your wishes.

At the same time as considering your Will, we strongly recommend you also put in place plans for any future incapacity by way of Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements, the person(s) who you trust to make these decisions can do so unhindered.

To assist you in your estate planning and the preparation of all required documents, we offer a flat professional fee, which provides you with certainty of cost up front. Don’t worry, your estate planning lawyer will happily answer any questions you may have during your appointment.

An Estate Planning Lawyer, ready to help you by:

  • Advising You In Relation To Appropriate Legislation
  • Advising You In Relation To Choosing The Right Executors, Attorneys And Guardians
  • Minimising The Chance Of Your Estate Being Contested
  • Securely Storing Your Estate Planning Documents And Any Other Important Documents In Our Safe Custody Indefinitely And Free Of Charge.

The most common questions we are asked:

What is a Will?

A Will is a legal document that clearly sets out who you wish to receive your assets after you pass. It is the only way to ensure your assets will be distributed in accordance with your wishes.

What if I pass without a Will?

If you pass without a Will, your intentions in relation to your estate may be uncertain. You will be considered as ‘dying intestate’, and your estate will be distributed in accordance with a formula which will result in particular family members receiving a set percentage of your assets, despite what you may have wished. It is not a pleasant experience for your loved ones and can create unnecessary emotional stress and may mean someone may miss out. If you pass without a Will and have no surviving relatives closer than cousins, the state government will receive your estate.

Are there legal requirements for making a Will?

The legal requirements for making a Will are strict, so preparing your own Will by way of a ‘Will Kit’ or otherwise is not advisable. If a Will does not conform to the strict legal requirements, a court may determine that the will is not valid and as such you will be considered as ‘dying intestate’ and the laws of intestacy will apply.

A Will must have very precise and specific wording so it is important to engage an estate planning lawyer who specialises in this area to avoid any mistakes and to ensure your Will is valid.

Contact your professional estate planning lawyer today to have your Will professionally drafted and to ensure your wishes are accurately noted so they can be carried out in accordance with your instructions. Your loved ones will be very thankful.

I am 18, do I need a Will?

Once you have turned 18, you are likely receiving a pay cheque and your employer is paying money into your superannuation account. While you may only own a second-hand car and a phone and are more concerned with paying off your HECS debt, it is important you have a Will drafted to protect yourself and also your family.

If you were to pass without a Will and there is a death benefit or life insurance policy connected to your superannuation for example, family members you have had little previous contact with may potentially receive a share of your estate.

In addition, if you pass without a Will, your family may have to apply to the Court to administer your estate and ensure the legal process is followed, which will cost both substantial time and money in an already very difficult situation.

Where should I keep my Will?

Most people appreciate the importance of having a legal Will, however a Will can obviously only be used if it can be located. Storing your Will in a safe and secure place is extremely important. We recommend that you tell the executor/s of the Will where the original is stored. We recommend you store your estate planning documents together along with any original Certificate of Titles etc you may hold. We offer a free safe and secure place to store your estate planning documents which are easily accessible when needed.

Ready to chat with a friendly, professional wills and estate planning lawyer? We provide our estate planning services to clients across Australia and worldwide from our Newcastle based office.