What happens if I die without a valid Will?

The most important New Year’s resolution you’ll make this year – write a Will Death is an inevitable part of life, and yet, more than half of Australia’s population don’t have a valid Will. Dying without a valid Will, known as dying ‘intestate’ can have significant consequences, both for the deceased and their loved ones.  This […]

What matters may not be included within a valid Will?

Creating a Will is a crucial step in ensuring your assets are distributed according to your wishes after you pass away. However, there are certain matters that cannot be included in an Australian Will. Understanding these restrictions is essential to prevent legal complications and ensure your wishes are carried out effectively and validly. We list […]

Understanding the Probate Process

The Probate process in Australia occurs after an individual passes away. It involves validating and executing the deceased’s Will and ensuring the orderly distribution of their assets and estate. This article guide outlines the probate process in Australia, covering key aspects, requirements, and potential challenges. Understanding Probate Probate is a legal process that grants authority […]

Questions to ask about your Will

There are important questions to ask yourself to make sure that your will is effective, valid and meet your needs. Your will Your will expresses your wishes at a particular point in time and does not expire or lapse. It is important to update your will regularly so that new circumstances in your life are […]

Updating Your Will – Response to a Global Pandemic

The COVID-19 pandemic brought uncertainty to the world. Although a difficult time, it was also an important time to consider whether your Will adequately reflects your wishes. Government restric­tions made it more dif­fi­cult for everyone to complete their WIlls, however, as a result, the law in many States changed in response to allow electronic execution. […]

What happens if I do not update my Will?

We are commonly asked, what happens if I do not update my Will? A recent decision in the Supreme Court of New South Wales highlights the importance of having an up to date Will. The case in Moore v Aubusson [2020] NSWSC 1466 (23 October 2020) could have been wholly avoided if the deceased had […]