18/02/2026
UPDATED 2026 DEFINITION OF A ‘SIMPLE WILL’
for prospective will clients:
A simple will does not involve the following scenarios:
1. No remote witnessing
2. No family trust
3. No family company
4. No self-managed super fund
5. Property subject to a joint tenancy – in this case Property Law overrides Succession Law and the property goes to the surviving joint tenant. If the property is held in a single name or as a joint tenant, a testator can then leave their property or their share to a beneficiary.
6. Testator should perform title searches of all properties included in the estate or be able to provide copies of current certificates of title. Title particulars and addresses must be included in wills.
7. Property owned in the name of a company – Director does not have the power to transfer property to a beneficiary
8. Superannuation is often a non-estate asset and is determined by the Superannuation trust deed – these trust deeds are complex and do not fit within the definition of a simple will. In most cases the testator must liaise with their superannuation provider and ascertain whether they can make a binding nomination. We have no involvement with non-estate assets. Binding nominations generally need to be renewed at specific intervals determined by the superannuation provider.
9. Testator must be able to read & write & speak English - otherwise additional fees apply as a special ‘attestation’ clause must be drafted & included in the will- an interpreter must be engaged & affidavits of attestation must be drafted and signed by the interpreter & 2 witnesses to the will
10. A family member/ friend cannot interpret for a testator. The testator must engage the services of a NAATI interpreter and is at all times responsible for their fees.
11. Testator must be able to see – otherwise a special “attestation” clause is required
12. If I am on annual leave/otherwise engaged, I cannot accept instructions. Clients must instruct elsewhere.
13. Urgency fees apply for “deathbed wills”, urgent hospital visits, urgent attendances at home or at care/respite facilities
14. Additional call out fees apply to visiting clients in hospitals, homes & care/respite facilities – fees are based on distance from office
15. Testator cannot be classified as a “vulnerable person” – i.e. very elderly or has a disability or there is a history of domestic violence or elder abuse.
16. Testator does not have the required mental or physical capacity to sign a will In the case of mental incapacity we cannot act as the testator cannot make a valid will. All testators must be able to answer the following questions:
• Who are your family members
• What are your assets and liabilities
• Who do you want to leave your asset to
• Why do you want to leave your asset to a particular person/entity- why have you chosen to do it that way
• Do you have an existing will & where is it
• Have you been diagnosed that your capacity has been compromised
17. If client requires more than 1 set of amendments to the will then additional fees apply or has more than 6 beneficiaries then additional fees apply or requires more than 1 certified copy of the will
18. Testators must disclose assets and liabilities – especially if an asset is held overseas as Australian wills do not apply to overseas assets and liabilities – require a separate will overseas.
19. Testators must disclose if a beneficiary is a bankrupt as Bankrupts are accountable to the Trustee for Bankruptcy. Prior to distribution of an estate, a bankruptcy search should be performed.
In all the situations above, additional fees apply or
we can decline to act.
