WHAT DO I NEED TO BRING TO THE INITIAL MEETING?

Just bring yourself—and if you're making your will as a couple, you’ll both need to attend. It’s helpful to have a general idea of your assets and liabilities, but don’t worry if you don’t have everything on paper just yet. We’ll guide you through some questions about your personal situation, your family, and what matters to you.

You'll also need to bring your identification for verification (VOI). This first meeting is all about getting to know you and starting the conversation.

HOW LONG DOES THIS PROCESS TAKE?

While we consider any urgent requests, we generally allow for three to four weeks to finalise your will after the initial meeting with you. This allows for time for us to gather all the necessary information from you, time for reflection, and review of the draft wills we prepare for you to ensure that your wishes are accurately reflected.

WHAT HAPPENS IF I DON’T HAVE A WILL?

If you pass away without a will, your assets will be distributed according to a legal formula—this is called intestacy. It means the law decides who receives what, which may not reflect your wishes or the needs of your loved ones. It can also create added stress and complexity for your family during an already difficult time. Having a will in place helps ensure your voice is heard, and your people are looked after the way you intended.

I DON’T OWN A LOT OF STUFF, IS THERE ANY OTHER REASON WHY I SHOULD GET A WILL?

There are many other reasons you should consider getting a will. These include dealing with the complexities around the superannuation death benefit, the guardianship of children and pets, dealing with digital assets and any specific sentimental items you might have in mind. A will lets you steer your future, bringing peace of mind to you and those you care about.

WHAT IS AN “ENDURING POWER OF ATTORNEY”?

A power of attorney is a legal document which covers the management of your affairs while you are alive and if you lose decision making capacity. In Victoria, it gives persons you trust (your nominated “attorney”) certain powers, including financial powers (e.g. the purchase of a house) and powers over personal matters (e.g. a decision to move into aged care).

CAN MY POWER OF ATTORNEY MAKE MEDICAL DECISIONS FOR ME?

No, you will need a different document specifically for this reason. A medical treatment decision maker nomination is a legal document nominating someone to make medical choices for you if (or when) you are unable to make those decisions. We can assist you with this.

DO YOU DO RELATED FAMILY LAW ISSUES TOO?

No, but we can refer you to wonderful family lawyers if this is a service you require.

WHAT IS A TESTAMENTARY TRUST AND DO I NEED ONE?

The phrases ‘testamentary trust’, ‘testamentary discretionary trust’, TT, TDT…. are all just technical legal terms for a trust set up in a will that starts when the willmaker dies.  They are very similar to a family trust (more technically known as a discretionary trust) but a testamentary trust is established by a person’s will and remains dormant, ready to start when a person dies. There are many benefits to these types of trusts and we are happy to discuss them with you. These are some of the most powerful estate planning tools you can use.