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Frequently Asked Questions

  1. What is a will? A will is a legal document that sets out how a person's property and assets will be distributed after their death.
  2. Why is it important to have a will? Having a will ensures that your wishes for the distribution of your property and assets are followed after your death. It can also help to avoid disputes and confusion among family members.
  3. What happens if I die without a will? If you die without a will, your property and assets will be distributed according to the rules of intestacy. This means that your assets will be distributed according to a predetermined legal formula, which may not align with your wishes.
  4. How do I make a will? To make a will, you must be at least 18 years of age and of sound mind. You can create a will yourself, but it is recommended to seek the assistance of a lawyer or a trustee company.
  5. What should I include in my will? Your will should include details about who you want to inherit your property and assets, who you want to be your executor, and any specific wishes you may have for your funeral arrangements.
  6. Can I change my will? Yes, you can change your will at any time, provided that you are of sound mind. It is recommended to review your will regularly to ensure that it reflects your current wishes.
  7. What is an executor? An executor is the person responsible for administering your estate after your death. They will be responsible for paying any outstanding debts and distributing your property and assets according to your will.
  8. What is a power of attorney? A power of attorney is a legal document that allows someone else to act on your behalf in financial or legal matters. This can be useful if you become incapacitated or are unable to manage your own affairs.
  9. Can I leave my assets to charity in my will? Yes, you can choose to leave a gift to a charity in your will. This is known as a charitable bequest.
  10. How can I ensure that my will is valid? To ensure that your will is valid, it must be in writing, signed by you and witnessed by two independent witnesses who are not beneficiaries of the will. It is recommended to seek legal advice when creating a will to ensure that it is legally binding.

 

  1. What does it mean to challenge a will in Australia? Challenging a will in Australia refers to contesting the validity or contents of a will in court.
  2. Who can challenge a will? Anyone who has a valid claim to the estate of the deceased person can challenge a will in Australia.
  3. What are some common reasons for challenging a will? Common reasons for challenging a will include claims of undue influence, lack of capacity of the testator, or allegations of fraud or forgery.
  4. What is the time limit for challenging a will in Australia? In most cases, the time limit for challenging a will in Australia is within 12 months of the date of death of the testator.
  5. What is the process for challenging a will in Australia? The process for challenging a will in Australia involves filing a court application and presenting evidence to support your claim.
  6. What happens if the will is successfully challenged? If the will is successfully challenged, the court may invalidate some or all of the provisions of the will and order a new distribution of the deceased's assets.
  7. Can a will be challenged after probate has been granted? Yes, a will can be challenged after probate has been granted, but it may be more difficult to do so.
  8. Can a beneficiary of a will challenge the will? Yes, a beneficiary of a will can challenge the will if they have a valid legal claim to the estate.
  9. What is a family provision claim? A family provision claim is a type of challenge to a will that is made by a family member or dependant who believes that they have not been adequately provided for in the will.
  10. Do I need a lawyer to challenge a will? While it is possible to challenge a will without a lawyer, it is generally recommended to seek legal advice and representation to navigate the complex legal process involved in challenging a will in Australia.

 

  1. What is an enduring power of attorney? An enduring power of attorney is a legal document that allows you to appoint someone to make financial and legal decisions on your behalf if you become unable to do so in the future.
  2. What decisions can an enduring power of attorney make? An enduring power of attorney can make a range of financial and legal decisions, such as managing your bank accounts, paying bills, buying or selling property, and making medical decisions on your behalf.
  3. When does an enduring power of attorney come into effect? An enduring power of attorney comes into effect when you become unable to make decisions for yourself due to illness, disability, or other circumstances.
  4. Who can I appoint as my enduring power of attorney? You can appoint anyone over the age of 18 who you trust to act in your best interests as your enduring power of attorney. This can be a family member, friend, or professional advisor.
  5. Can I appoint more than one person as my enduring power of attorney? Yes, you can appoint more than one person as your enduring power of attorney, and you can choose whether they must act jointly or independently.
  6. Can I revoke my enduring power of attorney? Yes, you can revoke your enduring power of attorney at any time as long as you have the mental capacity to do so.
  7. Do I need a lawyer to create an enduring power of attorney? While it is possible to create an enduring power of attorney without a lawyer, it is recommended to seek legal advice to ensure that the document is legally valid and to understand the legal implications of the appointment.
  8. What happens if I don't have an enduring power of attorney? If you don't have an enduring power of attorney and become unable to make decisions for yourself, your family may need to apply to the court for the appointment of a guardian or administrator to make decisions on your behalf.
  9. How long does an enduring power of attorney last? An enduring power of attorney lasts until you revoke it, or until your death.
  10. Can I use an enduring power of attorney if I am travelling overseas? Yes, an enduring power of attorney can be used if you are travelling overseas, as long as the appointed attorney has the necessary legal authority to act on your behalf in the foreign jurisdiction.

 

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