A will is the clearest way to say who should receive what you leave behind and who should look after it. We prepare wills that fit your family as it is now, not as it was when you last thought about it.
Start with a free 20-minute discovery call. Meetings across Australia, in person or online.
Without a valid will, your estate is divided under a fixed formula set by the law of your state or territory. That formula may not match your wishes, and it takes no account of blended families or a recent separation.
A well drafted will names your executor, sets out your gifts, appoints guardians for young children and deals with the assets that sit outside your will, such as superannuation and jointly owned property.
Because we are family lawyers, we look at your will alongside your relationship, your children’s arrangements and any property settlement, so everything points in the same direction.
Life events that call for a new will
Marriage can revoke an earlier will in most states and territories. Separation usually does not, which means a former partner may still inherit or act as executor.
Re-partnering, the birth of a child, buying property or starting a business are all good reasons to review what you have.
Your estate is divided under the intestacy rules of your state or territory, and someone must apply to the court to administer it. The result may not reflect your wishes.
Does separation cancel my will?
Usually not. In most states and territories, separation leaves your will in place. Divorce revokes gifts to a former spouse, but it is still better to make a new will.
Can I appoint a guardian for my children?
Yes. You can name a guardian in your will. The surviving parent usually continues to have parental responsibility, so we explain how the appointment works in your situation.
Who should be my executor?
Someone you trust who is organised and able to deal with paperwork, banks and family. You can appoint more than one person, or a professional executor.
Does my will cover my superannuation?
Not automatically. Super is paid according to a valid nomination or at the trustee’s discretion. We review your nominations alongside your will.
How often should I update my will?
Whenever your circumstances change, and as a general rule every three to five years.