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Wills

 
 
 

Our experienced team of solicitors understand how vital succinct and proper legal advice is in estate planning process. At Galea & Faustin Solicitors we use our expertise and your personal circumstances to tailor our approach to service your individual and unique needs. 

 
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What is a will?

A Will is a legal testament which gives you the ability to express your wishes on how you would like your affairs to be dealt with upon your passing. This includes the distribution of your assets, funeral arrangements, who will take guardianship of your children and who you trust with the administration of your estate. 

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Once we pass, all of our assets and property form part of what is referred to as our estate. 

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Wills provide your family with certainty of your wishes during a devastating time of mourning. It is important that you have a say in what happens to your estate. If you pass without a Will, the laws of intestacy will apply. This may result in costly litigation for your loved ones.  

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Our team at Galea & Faustin Solicitors ay can assist with the drafting your Will with unlimited revisions at no extra cost to ensure your Will is an accurate representation of your wishes. 

  

We also have expertise in advising on Wills which include a Self-Managed Super Fund (SMSF) and more complex situations which involve Family Trusts. 

The importance of a will for people with dependents 

Everyone should invest in Estate planning as life is uncertain and there are no guarantees. We especially urge parents to seek legal assistance when drafting a Will to ensure you adequately address all relevant issues and minimise family disputes upon your passing. The family you leave behind will more likely accept your express wishes as opposed to how your Estate gets administered if you were to pass without a Will. Passing without a Will often leaves behind family members who try to enforce what they believe would have been your wishes which can consequently lead to family breakdowns.  

Related Estate Planning  Services

How much will this cost?

The Wills and Estates experts at Galea & Faustin Solicitors are proud to provide the preparation of wills on a fixed fee basis. We hold the view that this provides the greatest level of certainty to our clients. 

Contact us today to take the first step in your estate planning

If any of the above has resonated with you we encourage you to reach out to our experienced Narre Warren Wills & Estate Lawyers today for a confidential conversation. We are contactable through the above 'contact us' box or alternatively please call us on (03) 9117 6189.

Frequently asked questions

Why a will is of paramount importance?


  • Having a Will gives you the comfort of knowing that the rewards of your life’s work will be distributed and managed according to your wishes.
  • It is a way to ensure that your loved ones are financially looked after once you have passed.
  • We hold a moral duty towards our children, partners and loved ones to look after them when we are gone.




The rebuttal to "I don't have money so I don't need a Will"


This is a common saying among the working class community which translates as such “I do not have money so why should I make a will?” Our response to this recurring question is a rhetoric question back: “Do you hold items of value which you want someone specific to inherit ?” We all do! A Will allows you to not only devise items of monetary value, a Will also allows you to bequeath items of sentimental value to a family member, a friend, children of previous relationships or a charity.




Can I bequest my superannaution in my will?


A common misconception is that your superannuation would automatically be covered in your Will. In order to ensure your superannuation is distributed per your wishes you must have a binding nomination. A valid binding nomination will ensure you have the final say. However, it is important to note that not all binding nominations (also known as binding death benefit nominations) are created equal. Some superannuation organisations provide a lapsing nomination which can expire after a certain number of years, whereas a non-lapsing nomination does not expire but may be altered or revoked upon your request. Our team can guide you through this process and draft at an additional cost a binding nomination to be presented to your superannuation. This instrument is effective even if your superannuation organisation only provides lapsing nomination, thus providing you ultimate piece of mind that your estate planning is adequately prepared. A recent example of what may go wrong if you rely on your Will to handle your superannuation may be seen in Ioppolo and Hesford v Conti [2013] WASC 389. In this case it transpired in the will of the deceased that they wished for their superannuation be paid to their children. However in the absence of a binding death benefit nomination, it was found to be within the trustee’s sole discretion to whom the deceased’s entitlements are paid upon death, provided the beneficiary is a spouse, child or a dependent. The trustee ultimately declined to follow the deceased's wish stated within the will and exercised its discretion.