How To Make A Will & Prepare Your Will To Protect Your Estate

How To Make A Will & Prepare Your Will To Protect Your Estate

How To Make A Will & Things Your Need To Consider

There is no one answer about how to do your will. It all depends on your assets, your circumstances and who your beneficiaries will be. You need to make a will that makes your wishes clear, avoids confusion and conflict amongst your loved ones, and is legally valid and binding. Doing this will protect your family and friends from costly and stressful legal disputes.

  • Who Will Be Your Executors

    Your executors have the legal and administrative task of sorting out your assets and debts after you die and ensuring that your wishes as outlined in the Will are upheld.

  • Who Will Be Your Beneficiaries & What Effect Will Their Inheritance Have On Their Circumstances?

    You can designate anyone as a beneficiary and distribute your assets in any way you like; however, if you don’t provide for your family and dependents, your will can be contested, and your hard-won assets used on litigation fees.


    You should also consider the effects that an inheritance may have on your beneficiaries. In some cases, a testamentary trust can sidestep potential taxation problems, so it’s crucial that you get specific advice about your situation.

  • How Do You Know A Will Is Valid?

    To be valid, the person making the will must be mentally competent, the will must be correctly signed and witnessed, and show no evidence of tampering. The witnesses to the will cannot be beneficiaries or related to beneficiaries and must be over 18.


    If there is any doubt or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your Will.

  • How Often Should I Review My Will?

    You should certainly review your will after any major events, such as marriage, divorce, property purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your will every couple of years just to make sure that it is still the best instrument for you and for your family.

How Williams & Lay Can Help With Making Your Will

We know the potential pitfalls and will ask you all the right questions to make sure that you have considered every possibility. We can advise you as to whether you would be best with a Will or a Testamentary Trust. We can design your Will in such a way to help protect your family from expensive estate litigation after your death, and we can safely store your will in our secure vault.


Contact us to discuss your particular situation and your family’s needs with an experienced will lawyer at our practice in Lilydale.

Be Prepared With A Comprehensive Will

At Williams & Lay Lawyers, we can help you craft your will for any eventuality and provide expert advice on setting up your will and maintaining it should anything change in your life. Contact us today to get started.

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