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Main reasons to have a will

  • It will make sure that your property goes to the people who you want it to go to after you die.
  • It will save your family from much trouble, expense and wasted time.

The usual reasons for establishing a family trust include:

  • To try to achieve protection of some assets from creditors, where you are personally undertaking a risky business venture, in case it fails.
  • To ensure that some assets, such as a family business or a farm, are transferred intact to the next generation.
  • To make sure that some assets are retained for other family members, when one or more members needs rest home or hospital care.
  • To protect family members or a family business from possible relationship breakdown, or a from a contested will claim.
  • To manage the assets of someone who is unable to manage his or her own affairs, whether through a disability or illness.
  • To simplify estate administration by transferring assets to a trust before death.
  • To change tax liability.
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Enter your details to prepare and purchase your Will or Trust via our secure platform

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Follow the step by step instructions on how to sign your Will or Trust

Who Can Make a Will?

Anyone who is at least 18 years old can make a will.

A person who is under 18 may make a will if he or she is, or has been married, or is or has been in a civil union or de facto relationship.

Others who are under the age of 18 can make a will if given approval by the Family Court, or if they are in the military, or are a seagoing person.

If it is later proved to a court that a person who made a will, or changed a will, was not at the time, competent to manage his or her affairs, in relation to his or her property, the court can decide that the will made by that person is invalid.

What If You Die Without Leaving a Will?

If you die without leaving a will, you are said to have died "intestate". In that case, the law specifies how your property will be distributed. This will usually be to a surviving spouse or partner and your immediate family, or to close relatives, in set proportions.

This may not be what you would have wished or what your family wants, and it could involve them and your estate in the cost and effort of making a claim in court. If there are no relatives who are in the categories listed in the law, then your estate goes to the State.

Your lawyer or a family member can still administer your estate if you have not made a will, but only according to the law. It is usually much more expensive and time consuming to do this, than it would have been if you had left a valid will.

When Should You Make a Will?

Even if you don't own much property, it is wise to have a will. Probably the best reason to have a will is to save your family some of the trouble and expense that occurs when a person dies without leaving a will. It can add considerably to the time, expense and trouble that is involved in tidying up the affairs of a person who dies, if the person dies without leaving a will.

You should make a will when you marry or enter into a civil union or a de facto relationship. When you have children, it is especially important to have a will.

How Do You Make a Will?

Because of the importance of your will, the law says it must be made in a prescribed manner. The LawOnline system ensures that you will make a valid will, as long as you carefully follow all of the advice that you are given by the LawOnline system and carefully follow all of the steps that you are advised to take.

For each will, there can only be one person who's will is being made. Two people cannot make a single will together. They must each make separate wills.

Why Might You Want to Have a Family Trust?

The usual reasons for establishing a family trust include:

  • To try to achieve protection of some assets from creditors, where you are personally undertaking a risky business venture, in case it fails.
  • To ensure that some assets, such as a family business or a farm, are transferred intact to the next generation.
  • To make sure that some assets are retained for other family members, when one or more members needs rest home or hospital care.
  • To protect family members or a family business from possible relationship breakdown, or a from a contested will claim.
  • To manage the assets of someone who is unable to manage his or her own affairs, whether through a disability or illness.
  • To simplify estate administration by transferring assets to a trust before death.
  • To change tax liability.

How Does a Trust Operate?

The trustees are the legal owners of the trust property and can do the same sorts of things with the trust property that any owner can do. They can hold property, raise mortgages, open and operate bank accounts and generally hold all types of assets and investments, as long as they operate according to the powers set out in the trust deed.

Reasons to be confident about LawOnline;

  • It has being providing online wills since 1997.
  • Its Founder has 35+ years of experience as a lawyer.
  • All of the LawOnline documents have been approved by senior partners from law firms.