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Wills

Your Will is a written document stating what you would like to happen to your property (also called your estate) after you die. It gives you peace of mind that your estate will be distributed in the way you’ve chosen.

Why having a will is important

Your Will makes it easier for your loved ones to effectively manage your estate. By making your wishes clear in a professionally prepared document, you reduce the impact on your beneficiaries during an already difficult time.

As well as distributing your assets, your Will allows you to make decisions about your funeral, choose a person to handle your affairs, appoint a guardian to any infant children, and establish a Testamentary Trust if required.

How to make a will

Anyone of sound mind over the age of 18 can make a Will. For your Will to be valid you must:

  • make it in writing
  • sign every page in front of two witnesses
  • have your witnesses sign every page

There are certain things you cannot include in your Will, as well as certain situations that will alter the validity of your Will.

By having your Will professionally prepared you can avoid costly mistakes.

We can ensure your Will is valid, update it if necessary, and keep your Will safe for you, reducing the potential for future family conflict and litigation.

FAQs

What is an executor?

The executor’s main role is to ensure the directions under your Will are carried out. Read more about the role of an executor (link to Executor page).

Where should I keep my Will?

Your Will should be kept in a safe place and your executor told where the original is kept. If you prepare your Will with us, we can keep it safe for you.

How can I avoid challenges and disputes over my Will?

Your Will may be challenged if someone believes:

  • you did not have the capacity to make a Will at the time you signed it
  • you made the Will under the influence of others
  • a person you had a duty to provide for believes you haven’t left them a fair share of your assets

There are a number of other circumstances that can lead to a Will being contested. Find out more about why a Will might be contested.

We can help you prepare a Will that is clear and precise, reducing the likelihood of challenges and disputes.

How we can help

By working with us to draw up your Will you can be confident you’ve prepared a legal and valid document that clearly outlines your wishes.

We’ll discuss what can be included in your Will, help you choose an executor, advise on potential claims, discuss and prepare powers of attorney and keep your Will safe. After your death we can also work with your executor on the execution of your Will. Read more about how we can help your executor.

If you’re thinking about preparing or updating your Will, call us on 03 9824 5100 or email sdunn@madisonslawyers.com.au for more information.

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