Creating a will is one of the most important steps in ensuring your assets are distributed according to your wishes and that your loved ones are taken care of after you pass away. At Mahony’s, our experienced wills lawyers in Adelaide provide expert legal advice, guiding you through the process of making a will, selecting an executor, and ensuring your testament is legally sound and effective.
We understand that drafting a will can feel overwhelming, especially when dealing with complex family dynamics, significant assets, or specific bequests. At Mahony’s, we simplify the process, ensuring every aspect is tailored to your needs and that your will is free of potential disputes.
The Process of Making a Will at Mahony’s
- Initial Consultation and Fact-Finding
We begin with a detailed consultation to understand your personal circumstances, family structure, and financial situation. This helps us identify any complexities that may arise, such as blended families, business ownership, or overseas assets. We'll discuss your wishes regarding the distribution of your estate, appointing guardians for minor children, and selecting an executor to manage your affairs. - Drafting the Will
After gathering all necessary information, our wills lawyers will draft a clear and legally enforceable will that reflects your wishes. We will ensure that your will is properly structured to minimise potential challenges from beneficiaries or family members. During this stage, we also review the need for specific clauses, such as charitable donations, setting up trusts for minors, or managing superannuation. - Review and Revisions
Once the initial draft is prepared, we review the document with you to ensure it covers all your needs. We will address any questions you have and make revisions as necessary. It’s essential that your will is up-to-date and reflects any significant life changes such as marriage, divorce, or the birth of a child. - Execution of the Will
After finalising the document, the will must be signed and witnessed correctly to be legally binding. We guide you through this process, ensuring all formalities are met to avoid any issues later on. We also discuss the storage of your will to ensure it’s easily accessible when needed.
Things to Consider When Drafting a Will
- Choosing an Executor: The executor is responsible for managing and distributing your estate. Choose someone you trust, who is reliable, and capable of handling the responsibilities. We can help you understand the duties of an executor and ensure that they are equipped to manage the process smoothly.
- Clarity in Bequests: Be clear and specific about how your assets should be distributed. Vague or ambiguous terms can lead to disputes among beneficiaries. We ensure your wishes are expressed in detail to avoid confusion or legal challenges.
- Guardianship for Minor Children: If you have children under 18, your will should appoint a guardian to care for them in case both parents pass away. This is one of the most critical decisions to make, and we guide you through the legal implications of guardianship.
- Superannuation and Life Insurance: Superannuation and life insurance are typically dealt with outside the will, but they can form a significant part of your estate. We’ll help you navigate the process of nominating beneficiaries and ensuring these assets are aligned with your overall estate plan.
- Regular Reviews: Life changes frequently, and so should your will. We recommend reviewing your will regularly, particularly after major life events like marriage, divorce, the birth of children, or acquiring new assets. Keeping your will up to date is essential to avoid future legal complications.
At Mahony’s, we simplify the complexities of estate planning and provide peace of mind knowing your assets are protected and distributed according to your wishes.
Got a question? Ask Mahony’s.
We are here for you. Contact our expert wills lawyers in Adelaide today to ensure your final wishes are respected, and your family is protected.
