FAQ

A will kit can be legal if completed correctly. However, the requirements of a legal Will are complex. Making sure a Will covers all issues is complex. In the event that there are errors in your Will, the Supreme Court may give requisitions and require further documents be provided before granting Probate. Therefore, the cost of doing a Will with a qualified lawyer is more valuable and may save your family money and time.

A ‘grant of probate’ is a court’s official recognition that a Will is valid and the nominated executor(s) are responsible for dealing with the deceased person’s estate. Whether a grant of probate is required depends on the assets of the deceased.

While some joint assets do pass to a partner on death, this may not always be the case. We also can’t decide who dies first in a relationship. It is important that alternative beneficiaries are put forward. Having a Will always makes this easier and less complicated.

If you don’t have a Will and are in a de facto relationship, if your assets are not joint you are not usually automatically recognised as a spouse and may have to apply for a declaration to be recognised as domestic partners. The cost can be more than a Will, and your estate will be distributed in accordance with the laws of intestacy, not what you want.

A Will only operates when you die. An Enduring Power of Attorney that operates in the event of incapacity and an Advanced Cara Directive operate whilst you are alive but you are incapacitated.

Superannuation is one of the most misunderstood assets when it comes to estate planning. Many people assume it automatically forms part of their estate, but that’s not always the case.

Super is not automatically covered by your Will. Whether your super is paid directly to a loved one or to your estate depends on:
✔️ The type of super fund you have
✔️ Whether you’ve made a valid binding nomination
✔️ Your personal and family circumstances

Some funds will pay your super directly to your dependents. Others may pay it into your estate — but only if you’ve planned properly.

A Will can’t control your super unless steps are taken to align your wishes. That’s why it’s essential to get advice that takes into account your entire situation — including your super.

💬 If you want to be sure your super goes where you intend, speak to a lawyer who understands the process.

I’m here to help explain it all — clearly and simply.

You should think of a Will when you start employment. But the following may trigger a Will check-up:

• When there have been changes to your asset pool or the nature of your assets. Purchasing a house for example.
• When a guardian, beneficiary, or executor is now deceased.
• At significant changes to your financial situation
• When there are changes in your family structure (marriage, divorce, children, blended families, etc.).  Marriage makes any Will you had before invalid.  If you commence living with a new partner, having a Will update is something to consider.
• When you go through lifestyle changes, e.g. retirement
• If you enter into a business arrangement that may affect your financial situation

You should obtain legal advice as soon as possible, prefererably before speaking with Police.  You should not answer any questions with Police and advise that you want to speak to a lawyer.  If the police ask for your name and address, you must provide this.  You must also answer the identify of the driver of a motor vehicle and whether you are the owner of a firemar, and if not, identify the owner and answer questions in relation to the firearm including identifying other persons who have had possession.

It is important to obtain legal advice for any criminal offence, as it should be handled by a lawyer with experience in the area.  A lawyer can advise whether the Police can prove the elements of the offence and give  to your options available in dealing with the matter.  Even if you plead guilty, Criminal Lawyers can put forward mitigating factors for the Court to consider.

By inadvertently making admissions or by saying something that can be misconstrued, this could mean the difference between being able to defend the matter or not.

You should seek legal advice at your earliest opportunity.

Yes.

De facto Property settlement maintenance applications must be commenced 2 years after the date of separations.

Marriage property settlements and spousal maintenance must be commenced within 12 months from the date of Divorce.

Divorce – there are no time limits to when a Divorce application can be brought, except it can not be made until 12 months post separations.

Under the Family Law Act 1975, the Court adopts a four-step process.

1. Identify the net asset pool, including assets and liabilities.
2. Consider the following contributions:
   • Financial contributions,
   • Non-financial contributions,
   • Contributions to the family welfare inluding any homemaker or parents contributions,
   • Effect of any propose order on the earning capacity of either party.
3. Consider any other factors suchs as age, health, earning capaicty, responsibility to care and house a child or other party and financial resources and whether one party should receive an adjustment.
4. Are the proposed orders just and equitable.

A court takes into account a number of factors when decided who children live with and and who they spend time with.

The paramount consideration are the rights and needs of the child. If parents are able to agree on the living arrangement of the children, the Court does not usually have to make a decision.

If you are a grandparent you can make an application to the Federal Circuit and Family Court to consider whether they need to make arrangements for you to be able to see your grandchildren if this can not be agreed through mediation.

A simple Will is a legal document that outlines your wishes for how your assets will be distributed after you pass away. It typically includes:

Who will receive your property (your beneficiaries)

Who will carry out your wishes (your executor)

Guardianship arrangements for any minor children

A simple Will is suitable for people with straightforward wishes and uncomplicated estates. If your situation is more complex — for example, involving trusts, blended families, or business interests — a more detailed estate plan may be needed.

I can help you decide what’s right for your situation and explain everything in plain English.

In a world where you can do almost anything online — from ordering groceries to writing your Will — it’s tempting to take the quick, low-cost option. But when it comes to your Will, that shortcut might cost your loved ones dearly.

Here’s why relying on a Will kit or online service may not be enough — and why speaking with a lawyer is so important:

1. Your Situation Might Not Be So “Simple”
Most Will kits assume a one-size-fits-all approach. But no two families are the same. Blended families, stepchildren, estranged relatives, jointly owned assets, or even superannuation — these can all create complications that a generic template can’t address.

2. Wording Matters
A small error in wording or a missing signature can make a Will invalid or cause confusion. That can lead to delays, legal disputes, or even the wrong people inheriting your assets.

3. Your Super Might Not Be Covered
Superannuation doesn’t automatically form part of your estate. A lawyer can help ensure your Will, super, and nominations are all working together.

4. Peace of Mind
A legally drafted Will gives you confidence that your wishes are clear, valid, and enforceable — and that your loved ones won’t face unnecessary stress during an already difficult time.

5. You Get More Than a Document — You Get Advice
When you work with a lawyer, you get tailored advice, answers to your questions, and a chance to think through your options — not just a form to fill out.

In short: a Will kit might save you time today, but it could create real problems tomorrow.

If you want to be sure your Will is right for you, legally sound, and reflects your true intentions, let’s talk. I’ll guide you through the process in plain English — and meet you in the comfort of your own home.

Because peace of mind shouldn’t come in a box.