A Last Will and Testament outlines your wishes for the distribution of your assets upon death and appoints an executor to manage your estate. At Foye Legal, we help you create or update your will to ensure your wishes are carried out as planned. In these important life planning matters, the right lawyer is everything for achieving the best outcome.
A valid will ensures that your tangible and intangible assets—such as property, bank accounts, and personal belongings—are distributed according to your wishes after your death.
Without a will, the Law of Succession in Australia determines how your estate is divided, which may not reflect your intentions.
Key benefits of having a will:
To create a valid will, you must:
A will can be challenged under specific circumstances, including:
Undue Influence
A will can be contested if the testator was coerced or influenced unfairly when making their decisions. It must be proven that the testator did not act voluntarily or with true intentions.
Fraud
Fraud involves intentional deception that impacts the testator’s decisions. To prove fraud, it must be shown that:
To be legally enforceable in Australia, a will must meet these key criteria:
Failure to meet these requirements may render the will invalid, which could lead to disputes or the estate being distributed under intestacy laws.
At Foye Legal, we provide expert advice on drafting, updating, and safeguarding your will to ensure it meets all legal requirements and reflects your true intentions. Whether you’re creating a new will, revising an existing one, or dealing with a contested will, our team is here to guide you through every step of the process.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
If you die without a valid will, your estate will be distributed according to intestacy laws, which may not reflect your wishes. This process can cause delays, disputes, and added stress for your loved ones. Creating a will ensures your assets are distributed as you intend.
Yes, it’s important to update your will whenever your circumstances change, such as getting married, divorced, having children, or acquiring significant assets. Regular reviews ensure your will remains accurate and legally enforceable.
An executor is the person you appoint to manage your estate after your death. Their responsibilities include paying debts, distributing assets to beneficiaries, and ensuring your wishes are carried out. It’s important to choose someone trustworthy and capable.
Yes, you can itemise specific possessions, such as jewelry, heirlooms, or vehicles, and name who should receive them. These can be outlined in the will itself or in a separate codicil that is legally attached to the will.
While it’s not legally required to hire a lawyer, DIY wills can lead to mistakes or disputes. A lawyer ensures your will is valid, properly drafted, and adheres to relevant laws, minimising the risk of complications for your loved ones.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
contact us to make an appointment
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