Making or updating a Will

What is a Will? 

A Will is an important legal document that sets out your final wishes. It provides direction on how you would like your estate to be distributed in the event of your death, and who you want to control the process. It may also include financial, family and funeral directions. 

Your personal circumstances can change often. If you already have a Will, it is essential to review it regularly to ensure it is always up to date. Situations that prompt a change of your Will include marriage, divorce, the birth of children or grandchildren, the death of a beneficiary or executor, or a significant change to your financial situation or assets. 

No matter what stage of life you are in, if you have family or dependents, it is important that you have an up-to-date Will. That’s where Shine Lawyers can help. 

*For the preparation of a standard Will, a fixed fee of $500 will apply. For more complex arrangements, additional fees may be required. Your lawyer will explain the process and outline the fees for you prior to commencing your Will.

What does the process of preparing or updating a Will look like? 

1. The first step of the process is to book in for your consultation. 

2. Once booked in, we’ll explain each step of the process and arrange a time for you to meet with one of our expert Wills & Estates lawyers - either via phone, videoconference or in person - whatever suits you. 

3. Your lawyer will explain the process and outline the charges for you prior to any work taking place. Most Wills can be prepared quickly, giving you peace of mind that your affairs are in order. 

4. We recommend gathering as much of the necessary information that is required to draft your Will ahead of your meeting with us. Contact us for a comprehensive list of the kind of information you will need. 

What happens if I don’t have a Will? 

Without a Will, the distribution of your assets after your death will be managed without your wishes being considered. If you die without a Will, someone will be required to act as an administrator, who will need to obtain a Grant of Letters of Administration from the Court to have the authority to handle your estate. 

If no one is willing or able to act as your administrator, the Public Trustee may do so. There are rules in place to determine how your estate is distributed if you do not have a Will. These are known as the ‘Rules of Intestacy’. The absence of a Will can make distributing your estate to your loved ones extremely complicated 

What is an Enduring Power of Attorney (EPA)? 

An Enduring Power of Attorney (EPA) is a legal document that appoints someone to manage your affairs if you are unable to do so yourself. The person you appoint is called an ‘attorney’. Loss of mental capacity as a result of injury or illness can affect anyone, often without warning. 

Being proactive in appointing an attorney may save you and your family unnecessary anguish and financial difficulty should you lose mental capacity in the future. It is important to choose someone that you trust and who understands your wishes. Your attorney must be over 18 years of age and should not be someone paid to take care of you. We can assist you with preparing the necessary documentation to appoint your Attorney.