Frequently Asked Questions

Why should I make a Will?

Anyone who is over the age of 18 and is of a sound mind can make a valid Will and should do so. Please see our free White Paper on Wills for more information.

My circumstances have changed only slightly, why do I need a new Will?

Anyone who made a Will a long time ago should consider making a new Will.

Anyone whose circumstances have changed — perhaps through marriage, the birth of children, divorce, remarriage, or the death of a close relative, for example — should make a new Will.

Anyone who is living in a de facto relationship of any kind, especially if some common assets are held in the other partner's name, should make sure that both partners make a Will.

If you get married, any Will you made when single/divorced is revoked (cancelled). There are some exceptions to this, but it is always advisable to make a new Will after marriage.

If you get divorced, any Will you made while married may be affected (this depends on the law of the different Australian States and Territories). In some states for example, your divorce will revoke any gift in your Will to your former spouse, and any appointment of that spouse as Executor or Guardian. In other States, the effect of divorce is different. The safest thing to do is to make a new Will when you get divorced, and make another one if you remarry.

If you deliberately destroy your Will, it will be revoked.

Previous Wills and testamentary dispositions may be revoked by your new Will.

How much does a Will cost?

From $110

Can my husband/wife and I make a joint legal Will?

No, each individual must make their own Will.

Can I just use a will kit and save some money?

We do see wills that have been done by way of a will kit and invariably these wills are invalid and will not be held up by the court. Avoid the mistake of purchasing a do-it-yourself kit as you won’t know the pitfalls to doing your own will.

Where do I store my Will?

Williamson & Associates Solicitors is happy to provide storage of your Will at its premises at no cost to you. Alternatively, you can store your Will at a bank or at a accountant’s office. In all cases, we suggest you advise your executors of the location of your Will.

Can I make a copy or copies of my Will to store at different locations?

Yes, but we suggest you write a note to be kept with each copy, advising of the whereabouts of the original Will.