Q&A

What do I need to know about a will?

What do I need to know about a will?

You must be at least 18 years old to make a will. This is referred to as the legal capacity to make a will. Your will must distribute your property. The will has to contain the things a will would normally contain, such as leaving your property to certain beneficiaries.

How do I find a will for a deceased person?

Contact the Office of the NSW Trustee and Guardian and ask if the Will is in their Will Safe repository – you can submit an enquiry online to find out whether they hold a Will of a deceased person.

How long until a will becomes public?

A Will becomes a public document if after your death, your Estate requires ‘Probate’. The term probate is the legal process of dealing with an estate. A Grant of Probate is required before the estate can be dealt with.

What do you need to know about making a will?

If you make a will you can also make sure you do not pay more Inheritance Tax than you need to. You can write your will yourself, but you should get advice if your will is not straightforward. You need to get your will formally witnessed and signed to make it legally valid.

Who are the people who have to sign a will?

Signing and witnessing the will. You must sign your will in the presence of two independent witnesses, who must also sign it in your presence – so all three people should be in the room together when each one signs. If the will is signed incorrectly, it is not valid.

Do you have to initial each page of a will?

The will has to contain the things a will would normally contain, such as leaving your property to certain beneficiaries. In some states, you must initial each page of your will. Check your state’s law to see if this is required.

What do you need to know about a master will?

• Acceptance of trust as executor/Master’s Representative (in duplicate) together with a certified copy of the ID of such applicant. What is said hereunder is not meant to be a comprehensive guide on wills. A will, also known as a testament, is a document in which a person sets out what must happen to their estate when they die.

Making a will requires certain formalities. Likewise, there are things a will can and cannot do. Making a will requires some serious thought about how you want to divide your estate. Whoever prepares your will has to follow your state’s rules, and the will must be valid. If it is not, your state’s laws will apply as if there were no will.

What do you need to know about trusts and Wills?

Trusts are not only for the wealthy. Once upon a time trusts were almost the exclusive domain of wealthy families who used them to pass down, yet keep control of, the family fortune without incurring taxes. 7. You can even create a trust for Fido or Fluffy.

What do you need to know about separate wills?

In particular, separate wills allow for each spouse to address issues such as ex-spouses and children from previous relationships. Ditto for property that was obtained during a previous marriage. Be very clear about who gets what. Probate laws generally favor the current spouse.

The will has to contain the things a will would normally contain, such as leaving your property to certain beneficiaries. In some states, you must initial each page of your will. Check your state’s law to see if this is required.