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Making a will

Creating a Will is a crucial step in protecting your loved ones and ensuring your assets are distributed according to your wishes. At ALA Law, we provide expert guidance to help you draft a legally sound Will that reflects your intentions.

We also assist with estate planning to:

Minimise tax implications for your beneficiaries
Safeguard the financial future of those who matter most
Provide for your children and minor beneficiaries
Reduce the risk of estate disputes, especially in complex situations

Key Considerations Before Your Appointment

Who will be your Executor? This person will be responsible for estate administration, ensuring your assets are distributed according to your wishes.
Would you like to appoint more than one Executor?
Who should act as an Alternate Executor? If your chosen Executor is unable to fulfil their role, who should take their place?
Do you have specific gifts you would like to leave? Consider any sentimental or financial assets you wish to allocate to particular individuals or organisations.
Where should the remainder of your estate go? Would you like it to be distributed to your spouse, partner, children, or other beneficiaries?
Are there minor beneficiaries? If so, would you prefer a separate Trustee to manage their inheritance until they reach a specified age? What age do you believe is appropriate for them to receive their entitlement?
Who will be the guardian of your children? If you have children under 18, it is essential to appoint a trusted guardian in the event of your passing.
Do you have preferences regarding burial or cremation? If you have specific wishes, would you like them documented in your Will?
Would you like to include your organ donation preferences in your Will?

Taking the time to consider these questions will help ensure your Will is comprehensive and reflects your wishes with clarity. Our team at ALA Law is here to guide you through this process with expertise and care.

Enduring Powers of Attorney & Guardianship

Estate planning goes beyond what happens after you pass away. An Enduring Power of Attorney allows a trusted person to manage your financial and legal affairs if you lose capacity, while an Enduring Guardianship ensures your health and lifestyle decisions are made in accordance with your wishes. These documents provide security and peace of mind, ensuring your affairs are handled by someone you trust when you are no longer able to make decisions yourself.

What If My Situation Is Complex?

Estate planning can be complicated, particularly when personal and financial circumstances involve multiple factors. At ALA Law, we have over 30 years of collective experience in drafting complex Wills and estate plans, ensuring that your wishes are protected and legally sound.

Common factors that can add complexity include:

Multiple marriages, relationships, and children from different relationships
Divorce and remarriage
The interaction between Family Law and estate matters
The involvement of Family Trusts, Self-Managed Superannuation Funds, and corporate structures
Excluding individuals who may otherwise be entitled to provision from your estate, which could lead to a family provision claim
Situations where an entitled person has acted in a way that may disqualify them from receiving a provision
Complex or high-value gifts
Forgiveness of debts
Providing for beneficiaries with disabilities
Planning for minor beneficiaries and managing their inheritance responsibly

Navigating complex Wills and estate planning requires expertise in estate law. At ALA Law, our team ensures your estate plan aligns with the legal framework and protects your interests.

Specialised Wills and Estate Planning

At ALA Law, we understand that every estate is unique. Our expertise extends to drafting complex Wills that provide tailored solutions for a range of circumstances, including:

Testamentary Trusts –Testamentary Trusts provide asset protection and tax benefits for your beneficiaries, ensuring your estate is managed effectively and distributed in a way that aligns with your long-term wishes.
Special Disability Trusts – Ensuring ongoing financial support for beneficiaries with disabilities while preserving their eligibility for government benefits.
Life Estates – Granting a person the right to use or live in a property for their lifetime, with ownership passing to a designated beneficiary thereafter.
Charitable Bequests – Leaving a lasting legacy by supporting charities or causes that matter to you.
Small Business Estate Planning – Structuring Wills to ensure the smooth succession and protection of business assets.

A Will ensures that your assets are distributed according to your wishes, not a legal formula. Without one, your estate will be divided based on intestacy laws, which may not reflect your intentions or provide for those you care about most.

You should have a Will if:

You own significant assets, such as property, businesses, or family trusts.
You have children or other dependents.
You are married, in a de facto relationship, divorced, or remarried.
Your family situation is complex, such as blended families or estranged relatives.
You wish to exclude someone who would otherwise have a legal claim to your estate.

Dying intestate can also create unnecessary tax burdens for your beneficiaries. A properly structured Will helps protect your legacy, minimises tax implications, and ensures your loved ones are cared for according to your wishes.

Without a Will, your estate becomes a deceased estate, which means it will be distributed under intestacy laws, potentially leading to outcomes that do not reflect your intentions.

Deceased Estates & Estate Administration

After a loved one’s passing, their estate must be managed according to their Will or intestacy laws. This process can involve applying for Probate, settling debts, transferring assets, and ensuring beneficiaries receive their entitlements. If you are named as an Executor, our team can guide you through your legal responsibilities, helping you navigate estate administration smoothly while minimising stress and potential disputes.

You should create a Will as soon as you turn 18. Life circumstances change, and keeping your Will up to date ensures your wishes are always reflected.

It is especially important to create or update your Will if you:

Get married, divorced, or enter a de facto or same-sex relationship.
Buy a home or acquire significant assets.
Have children or new dependents.
Retire or experience a major life transition.
Want to change beneficiaries, executors, or specific gifts.
Have a change in family relationships or financial holdings.
Are facing ill health and want to ensure your estate is structured according to your wishes.

Regularly reviewing your Will ensures your estate is protected and your family members are provided for in the way you intend.

Yes, marriage automatically invalidates any Will made before the marriage unless it was explicitly drafted in contemplation of marriage. If you are getting married, it is essential to update your Will to ensure your wishes remain legally binding.

In some cases, disputes over a Will may need to be resolved in the Supreme Court of New South Wales, particularly if a challenge arises from a former spouse or excluded beneficiary.

Divorce, on the other hand, does not invalidate your Will entirely, but it usually revokes any appointment of your former spouse as Executor and any gifts left to them. If you are considering divorce, it is wise to review and update your Will to reflect your current intentions.

Where to from here?

If you have any questions about your existing Will or need guidance on preparing a new one, we’re here to help. Contact us to schedule a consultation.

Before your appointment, we will provide you with an information form to complete. This will help you gather the necessary details and ensure we can provide advice based on your circumstances.