Our lawyers advise on how to effectively protect your wishes when preparing a Will and your entitlements as a beneficiary.
Preparing a Will
An important thing to be aware of is that Wills and Estates are closely linked. Most estate disputes can be avoided before the death of the testator when the testator makes his or her Will. A well drafted and well considered Will, done early, is the best way to minimise estate disputes later.
When should you consider having a Will made?
When there is a life changing event that makes you think you should have a Will.
The following events have been identified as triggers.
- Getting married
- Having children
- Setting up a business
- Serious and potentially terminal illness
Claiming against a Deceased Estate
Have you been left out of a family member’s Will? Perhaps you believe that you haven’t received your fair share of the estate of a recently deceased?
It is commonplace for there to be disputes regarding the contents of someone’s Will. It may be that:-
- The deceased did not completely understand what they were doing when they drafted their Will.
- Despite the wishes of the deceased, they had a moral duty to leave you with a share of their estate.
- The deceased was unduly influenced by a third party.
- The beneficiaries cannot agree on what is to happen to the estate property.
- There have been unauthorised or unfair transfers of assets during the life of the deceased.
- The executor appointed under a Will has apparently influenced the testator in making the appointment or apportioning the bequests.
- A home-made Will is deficient in some way, i.e. there is ambiguity in the terms of the Will, doubts as to how it was executed by the deceased, or issues of undue influence, duress or even forgery.
Our team has a wealth of experience in dealing with deceased estate disputes. Whatever the circumstances, we will ensure that you get your fair share of the estate. Call Nyst Legal on 07 5509 2400 to arrange a FREE 30-minute confidential initial consultation. Our expert lawyers will provide you with the right advice on whether you are able to make a claim.
Acting as Executor of a Will
If you have been appointed the Executor of a deceased estate, it will be your duty to manage the estate for the beneficiaries.
Administering a deceased estate can be a time consuming and difficult task for an Executor. Ordinarily it will include:-
- Obtaining a grant of probate from the courts;
- Interpreting the wishes of a deceased under the Will;
- Ensuring that the estate locates and realises all of the deceased’s assets, in every jurisdiction;
- Attending to the careful distribution of those assets to all beneficiaries pursuant to the Will;
- Considering claims against the estate;
- Considering various legal and accounting issues with a view to maximising the return to the beneficiaries;
- Attending to the sale and/or assignment of assets; and
- Managing assets under a testamentary trust.
This can sometimes be a lengthy and complex process, particularly if the estate is large and contains a broad range of assets. It is important that you obtain proper advice and support from competent lawyers to ensure that you not only maximise the return to the beneficiaries, but comply fully with your duties as Executor and trustee of the estate.
If you require advice in respect of the management of an estate, call Nyst Legal on 07 5509 2400 to arrange a FREE 30-minute confidential initial consultation to discuss your personal circumstances. We can provide you with the specialist advice and assistance you need to properly administer the estate.
Protect your wishes today by using our online Will.
Don’t have a Will? You can prepare a simple Will today to protect your wishes when you die. Start your online interview here.
About this document
Making your Will raises issues that you might not want to think about, but it is important to make a Will so that you can make your wishes known to the people who are closest to you. You can specify what you want to happen to your property. You can also use your Will to say what you would like to happen to your body and you can appoint guardians to care for your children if you have any.
Nyst Legal uses a third party provider, Autom.io, a secure platform that helps to create documents on demand.
$330.00 (including GST). Enduring Power of Attorney (EPOA) is included in the price.
No upfront fee is required to complete the online interview.
You can start your online Will interview at any time. You do not need to provide any payment details online. We will request payment of $330.00 from you once you have completed your online interview and we have received your draft Will document. A member of our team will contact you to finalise your purchase, advise on how to execute your Will and finalise your Enduring Power of Attorney (EPOA) which is included in your online package price.
Who can use this Will?
If you would like to leave your estate to one particular person, or equally share it between a number of people, then you can use this online Will.
Who cannot use this Will?
If you own a business or have a family trust or very specific wishes on how your estate should be distributed, you will need to seek legal advice on protecting your wishes and this Will is not appropriate for you.
You can contact our team on 07 5509 2400 or email email@example.com to organise an initial conference with one of our lawyers.
Before getting started
You will need to know who you want to appoint as your executor, and what you would like to happen to your property.
Time to complete
You can start our online interview at any time. Our Q&A style interview will ask you a series of questions about you, your wishes and your beneficiaries and this process should take approximately 15 minutes to complete.
You can return to the online interview at any time if you need to gather further information during the process before you submit your draft Will document.
Document type and length
Nyst Legal uses a third party provider, Autom.io, a secure platform that helps to create documents on demand. What this means is that while you can always re-generate your document using the answers you have provided during the interview, it is never saved in its completed form on the Autom.io platform. Only you and Nyst Legal have access to the completed template document.
A PDF document is created and reviewed by one of our expert lawyers at Nyst Legal before being sent to you for checking and execution, approximately 4-8 pages long.
Once you have completed your Will, a member of our team will contact you to prepare your Enduring Power of Attorney to accompany your Will, at no extra cost.
This interview will generate a document based on the information provided by you. It does not and is not intended to represent legal advice or the practice of law (even if the information you input is based on suggestions or tips provided by us).
Can I write my own Will?
What happens if I die without a Will?
Can I challenge a Will?
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