Simple Wills Made Easy

What is a Will?

A Will is a legal document that names the person(s) to whom your estate is to be distributed upon your passing and the person(s) you wish to appoint to manage the distribution of your estate.

To be valid, the Will must be signed by you and witnessed.

Why do you need a Will?

If you do not make a Will, then when you pass, you do not have any control over:

  • who gets your property (your home and personal belongings)

  • who gets your money

  • how your loved ones will be cared for

  • who is appointed to arrange your funeral, pay bills, cancel credit cards, distribute your estate and organise the care of your loved ones.

Appointment of an executor

Choosing your executor, the person to manage your affairs and distribute your assets, is one of the most important aspects of a Will. You should appoint a person you trust to carry out your wishes. Usually your executor is the person who will inherit most of your estate except when that person is a child under 18. In this circumstance, you must appoint a Trustee and Guardian to act on their behalf.

What happens if you die before you make a Will?

If you pass away before you make a Will, the distribution of your estate is determined by intestacy law. For example, in Victoria, as a general rule subject to exceptions, your estate will pass to your spouse and failing that, to your children, but if you do not have a spouse or child, then to your next of kin. Your wishes or the promises you might have made to loved ones may be ignored as your estate can only be distributed according to intestacy law.

The court will appoint a person known as the Administrator to distribute your estate. This can take time, so your estate will not be distributed to your loved ones as quickly as if you had made a Will.

  • Your loved ones can’t access your estate until the court makes an order

  • This may inadvertently cause your loved ones unnecessary confusion and anxiety at what is already a difficult time.

What is a simple Will?

Mor4U Legal specialises in simple Wills that are straightforward and do not involve the following:

  • A company

  • A trust

  • Disputed property

  • Children from a previous relationship

  • Providing for a person with special needs and or requiring ongoing care

  • Leaving a family member out of the Will

  • Leaving pets to family or friends

  • An SMSF (Self-Managed Superannuation Fund)

  • International assets

  • People who are not Australian citizens

  • An expectation that the Will could be challenged.

If you are not sure if your Will is straightforward, please contact us so we can support you with planning your next steps.