Wills

Hartwell Legal takes a comprehensive and holistic approach when creating a Will.

We look at all of the assets owned or controlled by the family, as well as the personal situations of the people involved. We then advise about the best way to structure the Will to suit your family’s unique needs. We try to do this work on a fixed fee basis to give you more certainty, but particularly in complex circumstances we will work on an hourly rate basis after providing the most accurate quote we can possibly predict.

Overview

Most people think the preparation of a Will is a simple process and the lawyer is simply a ‘mouthpiece’ for the client. In reality, it is much more complicated. We will find out about all of the children and dependents involved and about all of the personal obligations of the willmaker. By taking into account the wishes of the willmaker and the variety and location of assets, we are then able to advise the willmaker about his or her obligations and the best way to structure the Will (tax wise, cost wise and ethics wise).

We explain what the court would say if the Will was presented to the court for comment (such in the case of dispute) and advise about the best way to achieve the desired outcome, optimal tax situation and to reduce the risk of a dispute.

It should also be noted - a Will does not cover all of a person’s assets. A Will only governs assets in the person’s sole personal name at the date of death.

For example:

  • Jointly owned assets automatically pass to the surviving owner by operation of property law.

  • Superannuation and life insurance are also not governed by the Will. These are governed by nominations delivered to the trustee of the super fund or the insurer.

  • Trust assets are governed by trust succession documents, which pass control of a trust, not of the assets themselves. Find out more about trusts in Wills. 

This is all taken into account when a Will is drafted.

Sometimes, there are circumstances where a person may not require a Will. This is valuable advice we may provide for some clients’ specific circumstances.

Court Authorised Wills

Where a person does not have the capacity to make a Will, but family or friends know the terms of the Will that the person would have made if he or she had capacity, we can assist to obtain court's authorisation to make such a Will for the person without capacity.

This work is usually done on an hourly rate basis.

  • We will also advise you if your Will needs to be updated. Frequent circumstances when a Will should be updated are:

    • Birth or death of a beneficiary or close family member

    • Change in assets

    • Change in marital status (many people don’t realise marriage and divorce automatically revoke a Will. However, separation and financial settlements do not. Nor is a Will revoked by the start or termination of a de-facto relationship.)

    • Passing of time (your children are all grown up and do not need a guardian anymore. Or the nominated guardian is no longer the right person for the job.)

    • Someone moves in to live with you (a child, relative, partner, etc.)

    • One of your executors or beneficiaries goes to live overseas or comes back.

    In any case, you should talk to us about updating your Will every two to five years, as there may have been a change in the law that affects you.

Get Started Today

If you would like to get started, please download and complete the questionnaire, then email us at enquiries@hartwell-legal.com.au:

Curious about the cost? View our Fee Schedule.

If you still have questions about the process, please contact us for an obligation-free appointment to discuss your circumstances.