FAQ

Yes.

A Will allows you to decide who receives your assets when you pass away and who will be responsible for administering your estate.

Many people think they do not need a Will because they are married or because everything will automatically go to their children. Unfortunately, it is not always that simple.

A properly prepared Will can provide clarity, reduce disputes and make things easier for your loved ones at what is already a difficult time.

I often tell clients that making a Will is one of the kindest things you can do for your family.

If you die without a valid Will, you are said to have died “intestate”.

In those circumstances, the law decides who receives your estate rather than you. This may not be what you would have wanted.

It can also create additional delays, costs and stress for your family. In some cases, family members can be surprised to learn that the law does not distribute their estate in the way they assumed it would.

Having a Will means you make the decisions, rather than leaving them to legislation.

A Will Kit may be legally valid if it is completed correctly.

The problem is that many are not.

I regularly hear stories about Wills that have not been signed properly, witnessed correctly or that simply do not deal with a person’s circumstances.

A Will is not just about writing down who gets what. There are legal requirements regarding the preparation and signing of the document.

While a Will Kit may save money initially, mistakes can create significant costs and difficulties for your estate later.

A professionally prepared Will allows you to obtain advice tailored to your circumstances and can reduce the risk of disputes or problems after your death.

The cost of a Will depends on what is involved.

A simple Will is generally less expensive than a Will involving business interests, blended families, trusts, life tenancies or more complex arrangements.

I always encourage people to consider the value of the advice they are receiving rather than simply the cost of the document itself.

A Will is one of the most important legal documents you will ever sign and, in my experience, it is often far cheaper to get it right the first time than to fix problems later.

This is one of the most common questions I am asked.

The short answer is yes. Certain people may be able to bring a claim against an estate if they believe they have not been adequately provided for.

Whether they will be successful depends on the circumstances of the particular case.

Many people believe that simply writing something in their Will prevents a challenge. Unfortunately, it is not always that straightforward.

Obtaining legal advice when preparing your Will can help identify potential risks and reduce the likelihood of future disputes.

Yes, you can.

However, before excluding a child, spouse, former spouse or other person who may have a claim against your estate, it is important to obtain legal advice.

Every family is different and there is no one-size-fits-all approach.

I often spend time discussing family dynamics and the reasons a client wishes to leave someone out. Sometimes there are ways to structure a Will that better reflects a client’s wishes while also reducing the risk of a future dispute.

It can.

In many circumstances, marriage may revoke an existing Will. This means that a Will made before marriage may no longer operate in the way you intended.

I often see people who assume that because they made a Will a number of years ago, everything is taken care of. However, major life events such as marriage should always prompt a review of your Will.

If you are planning to get married, recently married, or have entered into a new long-term relationship, it is a good idea to obtain advice about whether your existing Will is still appropriate.

Divorce can affect parts of your Will, but it does not automatically mean that your entire Will becomes invalid.

Many people are surprised to learn that after separation or divorce, there can still be issues with executors, beneficiaries and the overall operation of a Will if it is not updated.

I generally recommend that people review their Will as soon as practical after separation, rather than waiting until the divorce process is completed.

Your circumstances have changed and your Will should reflect those changes.

Probate is a process through which the Supreme Court formally recognises a Will and confirms the authority of the executor to deal with the estate.

Whether Probate is required depends on the nature and value of the assets involved.

Many financial institutions, share registries and government departments will require Probate before releasing assets.

Not every estate requires Probate, but many do.

If you have been appointed as an executor, obtaining legal advice can help determine whether Probate is required and guide you through the process.

Choosing an executor is one of the most important decisions when preparing a Will.

Your executor is responsible for carrying out your wishes, dealing with your assets, paying liabilities and administering your estate.

The person does not need to be an accountant or lawyer, but they should be someone you trust, who is reliable, organised and capable of dealing with paperwork and financial matters.

Many people appoint a spouse, adult child, trusted family member or close friend.

If you are unsure who to appoint, I often discuss the practical aspects of the role with clients to help them make an informed decision.

The best executor is not always the eldest child or closest relative. It is usually the person most capable of carrying out the role.

A Will only operates after you pass away.

A Power of Attorney and an Advance Care Directive are documents that operate while you are still alive.

An Enduring Power of Attorney allows you to appoint someone you trust to make financial and legal decisions if you lose the ability to make those decisions yourself. This may include paying bills, dealing with banks, selling property or managing investments.

An Advance Care Directive allows you to record your wishes regarding your future health care, living arrangements and personal matters. It also allows you to appoint a substitute decision-maker to speak on your behalf if you are unable to do so.

Many people think that because they have a Will, they have everything covered. Unfortunately, that is not the case.

A Will deals with what happens after your death. A Power of Attorney and Advance Care Directive deal with what happens if you are alive but unable to make decisions for yourself.

For many people, all three documents are equally important.

There is no set rule, but I generally recommend reviewing your Will every three to five years.

You should also review your Will whenever there is a significant change in your life.

Examples include:

Marriage or entering a new relationship;
Separation or divorce;
The birth of children or grandchildren;
The death of an executor or beneficiary;
A significant change in your assets;
Starting or selling a business.

Even if nothing has changed, it is worthwhile pulling your Will out from time to time and asking yourself a simple question:

“If I died tomorrow, is this still what I want?”

If the answer is no, or even maybe, it is probably time to review your Will.

Usually, yes.

Many people believe that because they own their home or bank accounts jointly with their spouse, they do not need a Will.

Jointly owned assets often pass automatically to the surviving owner. However, that is not always the end of the story.

You may own assets in your sole name in the future. You may receive an inheritance. You may receive compensation, purchase investments or acquire other assets that do not pass automatically.

A Will also allows you to appoint an executor and provide instructions for assets that form part of your estate at the time of your death.

Circumstances can change quickly. Having a Will in place means you are prepared if they do.

In most cases, yes.

Many people are surprised to learn that superannuation does not automatically form part of their estate.

Who receives your superannuation will often depend on the rules of the superannuation fund and whether you have made a valid binding death benefit nomination.

Even if your only current asset is superannuation, circumstances may change in the future. You may acquire savings, investments, real estate or other assets.

A Will is often an important part of ensuring that your affairs are organised and your wishes are clear.

When discussing a Will, I also discuss how your superannuation is structured and whether your existing nominations still reflect your wishes.

Many people discover that their superannuation arrangements are not what they thought they were.

The death of a loved one is often overwhelming and it can be difficult to know where to start.

Generally, the first steps involve obtaining a Death Certificate, locating any Will, and identifying who has been appointed as executor.

Many people feel pressure to start dealing with banks, government departments and other organisations immediately. In reality, it is often helpful to take a step back, understand what assets and liabilities exist, and obtain advice before making major decisions.

Every estate is different. What needs to happen next will depend on the assets, whether there is a Will, and the circumstances of the family.

Not every estate requires Probate.

Probate is a process through which the Supreme Court recognises a Will and confirms the authority of the executor to administer the estate.

Whether Probate is required depends on the nature and value of the assets. Some financial institutions may release funds without Probate, while others may require it.

If the deceased owned real estate in their sole name, Probate is often required. If assets were jointly owned, the situation may be different.

The best way to determine whether Probate is required is to obtain advice based on the particular assets involved.

Probate applies where there is a valid Will and an executor has been appointed.

Letters of Administration generally apply where there is no Will, or where there is a Will but no executor is willing or able to act.

Both processes involve an application to the Supreme Court, however the documentation required is often different.

In simple terms, Probate confirms an executor’s authority under a Will, while Letters of Administration appoints someone to administer the estate where there is no executor able to do so.

One of the most common questions I am asked is how long an estate will take.

Unfortunately, there is no single answer.

Some straightforward estates can be administered relatively quickly. More complex estates involving real estate, disputes, overseas assets or taxation issues may take significantly longer.

Many people are surprised to learn that estate administration is often measured in months rather than weeks.

The most important thing is ensuring the estate is administered correctly rather than rushing the process.

An executor is responsible for administering the estate of a person who has passed away.

This may involve locating assets, dealing with banks and government departments, applying for Probate, paying liabilities and ultimately distributing the estate to beneficiaries.

Many executors have never acted in the role before and are often concerned about making mistakes.

The good news is that executors can obtain professional advice and assistance throughout the administration process.

Yes.

In fact, it is very common for an executor to also be a beneficiary.

Many people appoint their spouse, adult child or another family member as executor, and those same people often inherit under the Will.

Being a beneficiary does not prevent a person from acting as executor, provided they carry out their duties properly.

In some circumstances, yes.

The Court has the power to remove an executor where there are serious concerns regarding the administration of the estate.

Examples may include misconduct, conflicts of interest, failure to administer the estate properly, or circumstances where the executor is unable to carry out the role.

However, removal of an executor is not something that occurs simply because family members disagree with their decisions.

Each case depends on its own facts.

Beneficiaries often want to know when they can expect to receive their inheritance.

The answer depends on the circumstances of the estate.

Before distributions can occur, the executor usually needs to identify assets, pay liabilities, consider any claims against the estate and complete the administration process.

While every estate is different, beneficiaries should understand that distributions often take longer than people expect.

A careful administration process helps protect both the estate and the beneficiaries.

Many people wonder whether they need a lawyer, particularly if they intend to plead guilty.

The answer depends on the circumstances, but obtaining legal advice early can make a significant difference.

A lawyer can explain the charges, discuss possible defences, identify issues with the evidence and advise on the likely penalties. Even where a person intends to plead guilty, there may be steps that can be taken to improve the outcome.

In most cases, it is better to obtain advice early rather than wait until your court date.

For many people, attending court is stressful because they simply do not know what to expect.

The first court appearance is often procedural. Depending on the matter, the Court may adjourn the case, receive a plea, discuss disclosure of evidence or set future dates.

The process will depend on the nature of the charges and the particular Court involved.

One of the benefits of obtaining legal advice before your first appearance is understanding what is likely to happen and being properly prepared.

This is one of the most important decisions in any criminal matter.

The answer will depend on the evidence, your instructions and the circumstances of the alleged offending.

A person should never plead guilty simply because they feel pressured or want the matter finished quickly.

Before making any decision, it is important to understand the allegations, review the evidence and obtain legal advice regarding your options.

This is often the first question people ask after being charged.

The answer depends on a range of factors including the nature of the offence, your criminal history, the circumstances of the offending and your personal circumstances.

Not every offence results in a sentence of imprisonment.

Obtaining legal advice can help you understand the possible penalties and what steps may be taken to present your matter in the best possible way.

The cost of legal representation depends on the nature and complexity of the matter.

A simple guilty plea will generally involve different work to a defended hearing or a matter proceeding to a higher court.

When considering cost, it is important to remember that legal advice is not simply about appearing in court. It involves understanding the evidence, advising on options, preparing material and presenting your case effectively.

The best way to understand likely costs is to discuss the specific circumstances of your matter with a lawyer.

One of the most common calls I receive starts with:

“Police want to interview me. What do I do?”

If police contact you, consider the following:

✔ Stay calm.

✔ Be polite and cooperative.

✔ Ask whether you are under arrest or free to leave.

✔ Ask what offence is being investigated.

✔ Obtain the name and station of the investigating officer.

✔ Remember that anything you say may be used as evidence.

✔ Do not guess or speculate if you do not know the answer to a question.

✔ Do not discuss the allegations with friends, family or on social media.

✔ If police wish to interview you, consider obtaining legal advice before participating in the interview.

✔ Do not assume that “explaining your side” will make the matter go away.

✔ If you are arrested, ask to speak to a lawyer.

✔ Keep copies of any documents provided by police, including bail agreements, summonses or notices.

Most importantly:

⚖ Just because police want to speak with you does not mean you should immediately participate in an interview without understanding your rights and options.

Early legal advice can often make a significant difference.

If you have been contacted by police or charged with an offence, get advice as soon as possible.

I regularly speak to people who have been contacted by police and are unsure what to do next.

Unfortunately, some people make decisions in those first few hours that can have consequences later.

Here are the five biggest mistakes I see:

❌ 1. Thinking “If I just explain myself, it will all go away.”

Many people believe that if they tell police their side of the story, the matter will be resolved. Sometimes things are not that simple. What you say can become evidence.

❌ 2. Attending an interview without legal advice.

You may only get one opportunity to give your version of events. It is important to understand your rights and options before making decisions about an interview.

❌ 3. Guessing or filling in the gaps.

If you do not remember something, do not guess. If you are unsure, do not speculate. Guessing can create inconsistencies that may later be relied upon as evidence.

❌ 4. Talking about the matter with everyone.

Friends, family, social media and text messages are often not the best place to discuss criminal allegations. What you say may not stay private.

❌ 5. Ignoring the problem and hoping it disappears.

Some people avoid returning calls or opening correspondence because they are stressed or frightened. In most cases, obtaining advice early provides more options than waiting until the last minute.

⚖ If police want to speak with you, it does not automatically mean you are guilty of anything.

However, it is usually a good idea to understand your rights before making important decisions.

If you have been contacted by police or charged with an offence, obtain legal advice as early as possible.

Not necessarily.

Many separated couples are able to reach an agreement without attending a final court hearing.

Once an agreement has been reached, it can often be formalised by way of Consent Orders or, in some circumstances, a Binding Financial Agreement.

Formalising an agreement is important. Simply having a verbal agreement or transferring assets between yourselves may not provide adequate legal protection.

Obtaining advice can help you understand the most appropriate option for your circumstances.

There is no automatic 50/50 rule.

When considering a property settlement, a range of factors are taken into account, including the assets and liabilities of the parties, financial contributions, non-financial contributions, future needs and other relevant circumstances.

Every relationship is different and every property settlement is different.

The outcome will depend on the particular facts of your situation rather than a fixed formula.

Time limits apply.

If you were married, you generally have 12 months from the date your divorce becomes final to commence court proceedings regarding property matters.

If you were in a de facto relationship, you generally have two years from the date of separation.

It is important not to leave matters unresolved for long p

Both can be used to formalise a property settlement, but they operate differently.

Consent Orders are approved by the Court and become legally binding orders.

A Binding Financial Agreement is a private agreement between the parties which requires each person to obtain independent legal advice.

The most suitable option will depend on the circumstances of the parties, the nature of the assets and the agreement reached.

I regularly discuss the advantages and disadvantages of each option with clients before deciding which approach is best.

Even where parties agree, it is often worthwhile obtaining legal advice.

Many people are able to reach an agreement regarding their property but are unsure how to properly document it.

A lawyer can advise whether the agreement is likely to be fair, explain the legal implications of the proposed settlement and assist in ensuring the agreement is properly formalised.

Often the most cost-effective family law matters are those where parties have already reached agreement and simply require assistance documenting the outcome correctly.