Russell Byrnes offers legal services related to Will preparation. Our team is experienced in Will and estate planning law and is able to give you professional advice.
We are conveniently located in the heart of Sydney (Surry Hills). We are also able to visit you if this is more convenient for you. We will generally offer a free initial consultation for up to 30 minutes. Call us to discuss how we can help you.
What is a Will?
A valid will is a legal document that tells others how your possessions are to be disbursed / bequeathed upon your death.
Wills should be updated as your life circumstances change. An example of a common change that may require an update to your Will is the birth of a child or grandchild. Other examples include a change in marital status or financial position.
What do I need to do in order to make sure my Will is followed?
The requirements vary depending on where you are located within Australia but in general for Sydney you must at least ensure that:
- Your Will must be in writing. Simply telling someone what you want to happen when you die is insufficient.
- Your Will must be signed in the presence of two people that are prepare to act as witnesses.
- You must understand what you are doing. This is formally known as Testament Capacity.
Why are Wills so important?
A Will is the only legally recognised method of ensuring that your possessions are passed onto the people of your choice. If you have children then a Will can also provide you the opportunity to state the preference for the guardian of your children after your death. Writing a will today will provide comfort and certainty to both you and your loved ones.
Further, at the time of your passing, the presence of a carefully written Will can help to reduce unnecessary stress.
What happens if I die and I do not have a Will?
Dying without a Will is formally known as dying intestate.
People that die intestate have their property divided according to predetermined government rules and regulations. Regrettably this may not necessarily be what you would want. Further, it may result in unnecessary disputes and delays.