Before You Start Your Will

Before you get started writing your Will, there are a few questions we recommend you familiarise yourself with:

  1. Who would you like to be the executor of your Will? This is an important role as they are the person or organisation appointed under a Will that is responsible for carrying out your last wishes. This includes locating the original Will, collecting and selling your assets and overseeing the funeral arrangements. 

  2. Who would you like to be the guardian of any children (under the age of 18) if you pass away? Your chosen Guardian will help make key decisions about your children’s upbringing. However, this does not give your Guardian automatic custody of your child.

  3. Are there specific gifts you want to give to any people or charities such as jewellery, cash, etc.?

  4. Who would you like the remainder of your estate to go to once your specific gifts have been made?

  5. Are you over the age of 18? This is a legal requirement for creating a Will (exceptions may apply).

The most common claims that could be made against your estate are covered by the following:

  1. Family Protection Act 1955

  2. Law Reform (Testamentary Promises) Act 1949

  3. Property (Relationships) Act 1976

If you ever find yourself unsure about what something means, click through to our Important Terms Explained section for more info.

 

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