A Will is a legal testament that gives you the ability to express your financial wishes. This includes the distribution of your assets and non financial wishes such as funeral arrangements or whom will take guardianship of your children.
Once we die all of our assets and property form part of what is referred to as our estate.
Wills provide your family one less stress during a devastating time of mourning, however failure to possess a will may exacerbate this incredibly difficult time in accessing finances and executing your final wishes.
While dying without a Will does not necessary mean that your assets will be usurped by the Crown, it can become an extremely stressful and costly experience for your loved ones.
In the hands of the state, when you die intestate, the allocation of your assets may become lengthy and distressing for family and friends during a time of grief.
Our Narre Warren team may assist with the drafting of your will with unlimited revisions at no extra cost ensuring your will is an accurate representation of your wishes.
We also are able to provide expertise in the preparation of wills where a Self Managed Super Fund (SMSF) is present, or other more complex matters such as family trusts.
please not pricing may be subject to complexity, any pricing shall be confirmed with you upon consultation
Why have a Will?
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, after you have passed.
We hold a moral duty towards our children, partners and loved ones to look after them when we are gone.
"I don't have money, why would I 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 superannuation In my will?
the short answer is no!
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 even draft at an additional cost a binding nomination to be presented to your superannuation. That will be 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  WASC 389. In this case it was stated 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 wish stated within the will; and exercised its discretion.
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