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FAQs

DO I NEED A WILL?

If you do not have a valid will at the time of your death, then any assets you own will be distributed in accordance with the law and not necessarily how you wish.

 A will is necessary if you wish to have any say in how your assets are to be divided. You may also include direction in your will as to who you wish to have the care of your minor children if you die before they reach the age of 18.

    WHAT IS IN A WILL?

    A will includes who you wish to appoint as your executor to manage your estate and distribute your estate in accordance with your wishes.

    It also includes who you wish to receive your assets when you die and who you wish to care for your children should you die before they reach the age of 18.

     

    You can also include direction as to how you wish for your body to be disposed of such as cremation or burial.

    If there are concerns that a person has changed their will and it is likely that the will is not valid, collecting evidence while the person is still alive may assist your will challenge when the time comes.

    WHY IS IT IMPORTANT TO HAVE A WILL?

    If you die without a will in New South Wales, you will be considered to have died ‘intestate’ and your estate will be distributed in accordance with the intestacy rules without any direction by you. You will also have no say in who you wish to have the care of your minor children if you die prior to them reaching the age of 18.

     

    In addition, without a will, making an application to the court to administer your estate is a lot more time consuming and costly for those having to make the application.  

     

    Having a will in place not only ensures that your estate is distributed in accordance with your wishes, but it makes the job a lot easier for your loved ones. 

    WHAT IS AN EXECUTOR?

    An executor is a person who you appoint in your will to manage your estate and distribute your estate in accordance with your will.

      WHAT IS A BENEFICIARY?

      A beneficiary is a person who receives a gift in your will.

        CAN MY WILL BE CONTESTED?

        Yes, but that depends on many factors including whether there is anyone eligible to contest your will and whether adequate provision has been provided for the maintenance, education, and advancement in life for those eligible persons.

          WHO CAN CHALLENGE A WILL?

          Those that can challenge a will include:

          1. People that are set to receive an inheritance out of the current will of a deceased person;
          2. People that were to receive an inheritance in a prior will; or
          3. Those who would receive the estate or a share of the estate if the deceased had died without a will, otherwise referred to intestate.

          WHAT EVIDENCE IS NEEDED TO CHALLENGE A WILL?

          For a caveat to remain in force, the caveator must first show doubt as to the validity of the will. This can include their own observations, medical records of the deceased person and will preparation notes at the time the will was prepared.

          Throughout the will challenge proceedings, the court may, at the request of a party, issue subpoenas for production of documentary evidence as well as orders for expert evidence from specialists such as medical practitioners.