Rockdene Lawyers

30/08/2024

Can I use a Will Kit?
We are often asked this question when discussing our fees for preparation of a Will, Power of Attorney and Enduring Guardianship. The short answer is ‘Yes’, but it has to be qualified.
It may well perfectly suitable for a non-complex estate that does not require professional advice regarding the estate. Remember that estate planning takes in the present and well as the future of ones assets.
The second consideration is that the Will must be validly executed and witnessed and there are specific rules in this regard. We had a situation recently where a beneficiary witnessed the Will and as a result they were disqualified as a beneficiary. A common mistake.
The third consideration is that if there is a question concerning the mental capacity of the person making the Will, that in the event of a Court challenge, evidence would need to be provided.
Where a lawyer has taken instructions and prepared the Will, this would not be an issue as they will be called to give evidence.
Sound professional advice will ensure that a valid Will is in place to protect you and those you care about most.

Please note that this in not legal advice and is for information purposes only for New South Wales, Australia.
Advice will depend on the circumstances of each individual case.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more

30/08/2024

Can I use a Will Kit?
We are often asked this question when discussing our fees for preparation of a Will, Power of Attorney and Enduring Guardianship.
The short answer is ‘Yes’, but it has to be qualified.
It may well perfectly suitable for a non-complex estate that does not require professional advice regarding the estate. Remember that estate planning takes in the present and well as the future of ones hard-won assets.
The second consideration is that the Will must be validly executed and witnessed and there are specific rules in this regard. We had a situation recently where a beneficiary witnessed the Will and as a result they were disqualified as a beneficiary. A common mistake.
The third consideration is that if there is a question concerning the mental capacity of the person making the Will, that in the event of a Court challenge, evidence would need to be provided.
Where a lawyer has taken instructions and prepared the Will, this would not be an issue as they will be called to give evidence.
Sound professional advice will ensure that a valid Will is in place to protect you and those you care about most.
Please note that this in not legal advice and is for information purposes only for New South Wales, Australia. Advice will depend on the circumstances of each individual case.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more

23/06/2024

What if someone dies without a Will?

When someone dies without a Will, the legal term is dying “Intestate”. In this event, someone has to apply to the Supreme Court for “Letters of Administration” which is the authority of the Court to administer the deceased estate.

So who are the beneficiaries? For a start, the Administrator will have to identify all the eligible persons, usually relatives, and identify what each person is entitled to according to the Succession Act. This includes any current spouse and could include children from the present relationships and others from a previous relationship. There are other beneficiaries according to the Act.

The point here is that the deceased has no control over how their assets are distributed and some immediate beneficiaries may be without adequate provision.

In a recent case, a person died intestate leaving a substantial estate and the Administrator identified 20 possible beneficiaries of which the Court approved 17.

This can be a costly and time-consuming process and can be avoided by having a Will in place to set out one’s wishes.

Please note that this in not legal advice and is for information purposes only. Advice will depend on the circumstances of each individual case.

For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

07/06/2024

Do I need a Will?

We are often asked that question and the answer is an emphatic “Yes”. Having a Will is an important part of caring for our hard-won assets both now and when a person dies. Having a Will allows that the ones we care about most to be provided for financially.

Without a Will, your assets may go to people you don’t know (or even like) and leaving your loved ones with less that what they would have received otherwise.

One of our clients died without a Will and he had no family dependents and his sizeable estate went to the NSW government.
Having a Will is one of the most responsible documents to have in place to care for your lifelong assets and to provide for your family.
For further information contact us at Rockdene Lawyers on 1300 83 13 22 or [email protected]

Send a message to learn more