Why Do I Need to Make a Will?
By making a Will you decide how your assets will be distributed after your death, and who will administer your estate. After your death, your assets are frozen until the Probate Court issues a certificate called a ‘Grant of Probate’ which confirms that you have left a valid Will, and gives your executor legal authority to deal with your assets.
If you don’t leave a Will, then State or Territory Government Law will decide who will inherit your assets, and who can administer your estate.
Who Should You Appoint as Executor & Trustee?
In every Will, you must appoint an Executor or a Trustee. Who you should appoint will depend on your individual personal family circumstances.
A lawyer will charge for work done but does not charge a percentage of the value of the estate which the Public Trustee’s Office will do in the event you do not have a Will or if your will is deemed invalid.
Family Provision Claim
Where you are related or dependent upon a deceased person at the time of death, you may have a claim under the Family Provision Act. You should see a lawyer as soon as possible to find out if you have any claim at law from a deceased estate, either where there has been no provision for you or insufficient provision for your needs.