Will Solicitors Central Coast

Do you need to update your will? Spencer Lawyers understands challenges and combines their experience with expert legal knowledge to help assist you to create a draft will on the Central Coast.

What sort of services do Our will solicitors offer?

We offer a complete suite of services to address every aspect of your needs. We will help you draw up a will that accurately reflects your wishes and covers all elements of your estate.

Understanding Common Wills Jargon

We know there’s a lot of legal jargon around wills, and at Spencer Lawyers, we’ll do our best to make the process as clear and simple as possible. To get started, here’s a round up of some of the terms you’ll come across when you come to see us.

  • Estate – everything you own upon your death
  • Executor – the person who makes sure everything is distributed as you wish, according to your will
  • Beneficiary – people who are given a share of your estate
  • Residue – what is left after debts and costs are paid
  • Intestate – dying without leaving a will

There are many more terms and phrases that you’ll hear when you are creating a will, and at Spencer Lawyers, we’re always happy to answer your questions and assist you to understand the finer details.

Power of attorney and enduring guardianships

There are three different types of power of attorney to consider in New South Wales, including:

Enduring power of attorney: This is when you appoint someone else (usually a legal representative or a family member) to make financial decisions and property-related choices in case you become incapacitated to the point where you are unable to make these kinds of decisions for yourself anymore.

Enduring power of guardianship: Another situation where you appoint a legal representative or family member, although in this case, it is to make medical and lifestyle decisions if you become unable to do so yourself. This can include decisions on health services and accommodation providers like nursing homes.

Advance health directive: You can make decisions on your future healthcare if you become unable to make those decisions for yourself anymore. This can include minor treatments like dental care to large decisions like refusal of medical intervention.

Any Central Coast resident who is aged 18 or over and has the capacity to make health and financial decisions for themselves can appoint a power of attorney. Unfortunately, medical conditions as we age can rob us of the ability to make these decisions later in life. By appointing a power of attorney in advance, you can be sure your health and financial wishes are adhered to.

You are allowed to nominate a single person for the power of attorney or two people that can make these decisions on your behalf individually or collectively. For the power of guardianship, you can also appoint two people, but they will have to make these decisions together.

It is important that you choose somebody (or multiple people) that you can trust. We also advise you to speak to your family about your decision before seeking legal advice from a will lawyer. This will help reduce any undue stress or complications in the future.

Speak to our will lawyers on the Central Coast about your wishes and we can advise you on the best course of action and provide the right legal documents to ensure your wishes are carried out.

Deceased estates

When a person dies, their estate, including their home and property, needs to be divided up in accordance with the will or managed according to the wishes of the deceased.

This process is called a probate and the legal team at Spencer Lawyers can help ensure the entire process from the initial will through to the final distribution of the deceased estate is handled smoothly, without any legal complications and to meet the requirements laid out by the deceased person at the time of signing the will.

Part of this process is appointing somebody that you trust to be the executor of your will. They will be charged with the authority to identify and transfer the assets to the beneficiaries of the will in accordance with the probate. This executor can be a person you trust, or it can be a trustee organisation.

Unfortunately, deceased estates can be challenging processes, especially if the individual has died without leaving a legally-binding will.

Our will solicitors at Spencer Lawyers are experienced in all aspects of deceased estates and can help all Central Coast individuals organise their will, executor and probate so that the process can run smoothly during an emotional time for all involved.

What is involved in will planning?

Before drawing up your will, you will need to consider what you wish to happen to your assets after you pass away. It is recommended that all adults over the age of 18 have a will, especially if they own property or have savings. Planning a will is a relatively simple process, however, it does involve deciding what you wish to bequest to your loved ones, what plans you would like made for your funeral, and who you would like to execute your will.

What to consider when making a will

Below, we have created a checklist of things to consider when planning your will. Your will solicitor can aid you in drawing up the completed document, however, it helps to know:

  • What wishes you have for your funeral
  • Who you would like to be the executor of your will
  • Who you would like to inherit your finances
  • Who you would like to care for your children
  • If you want to bequest particular possessions
  • Whether you would like to assign a power of attorney

What are the stages of will preparation?

To begin making your will, you will need to have the necessary documents at hand to pass on to your solicitor. This can include your birth certificate, marriage/divorce certificates, mortgage information/deeds to your property, insurance information and details of your banks/saving accounts. Having these ready prior to meeting with your will solicitor can help to speed up the process.

The process will involve naming an executor, a guardian to any dependents and your beneficiaries. You should clearly outline how you would like your assets to be divided upon your passing – whether this is in percentages or specified amounts.

In order for your will to be valid, it must be signed clearly under the witness of two eligible people. Your witnesses will also sign your will. To be eligible, they must be over 18 and can’t be beneficiaries of the will.

Contact us

If there are any complications or legal challenges because of the absence of a will or other legal issues, our solicitors can help resolve them in a legally fair way. If you need help with any stage of a deceased estate, will or probate, come and see our experienced legal team or give us a call.

For assistance with all of your wills and estate legal requirements on the Central Coast, contact us at Spencer Lawyers on 0414 709 543.

FAQs

A will is essential to ensure your belongings and assets are distributed as you wish. More than that, a will makes this distribution much easier. Grief is a difficult time, and having a clear, easily understood will means your loved ones can carry out your wishes with minimum confusion or conflict during a very difficult time.

A standard will is suitable for circumstances where things are straightforward – for example, if you are giving the whole of your estate to your spouse, if alive, or you have named beneficiaries.

A non-standard will is used in circumstances that are more complex, such as the distribution of assets to blended families, where there are interfamily loans.

We recommend you review your will regularly, especially after any significant life events such as separation, divorce, remarriage or buying a new home. It’s also important to update things should any key beneficiaries die, or if there is a major family dispute.

A will can be contested if it’s not considered to be valid for one of the following reasons:

  • It is not in writing and signed by the will-maker in the presence of witnesses
  • The will has not been signed by two or more witnesses in the presence of the will-maker
  • It is not up to date with the will-maker’s legal rights and status, for example, if they have married, changed their name, divorced, had children or grandchildren or had a significant change in their financial situation.
  • The will-maker is considered to not have had mental capacity at the time the will was made
  • It is not the last will and another will was made at a later date
  • The will has been altered or tampered with after having been signed
  • The will-maker was forced to make the will

The team at Spencer Lawyers are available to help you contest a will as invalid. Simply call us today on 0414 709 543.

Enlisting professional assistance during the will-making process ensures that your will is valid and legal, providing you with peace of mind that your wishes will be correctly carried out. At Spencer Lawyers, we treat your wishes with the respect they deserve, using expert legal knowledge to draw up a will that reflects this. This prevents the risk of your will being contested as invalid and your beneficiaries experiencing a delay in receiving their inheritance.

To arrange a consultation with a legal expert, contact Spencer Lawyers today.

Here To Help

At Spencer Lawyers, we’re proud to assist and serve our community on the Central Coast. We strive to offer friendly, compassionate services that give you the best legal knowledge when you need it most.

Making a will is one of the most important things you can do for your loved ones, and our team is available to support and guide you every step of the way. You can use our contact form to arrange an appointment or just give us a call on 0414709543 to organise an appointment at our Central Coast office today.