Wills

Life’s circumstances can change quickly and without warning, when illness or death strikes. Having your affairs in order with an up-to-date Will and proper Estate Planning can make all the difference.

A Will does not only allow you to distribute your assets to the people you love, it can also dictate specific arrangements, such as appointment of guardianship of your children. Part of our service includes providing advice on the long-term effects and repercussions your Will may have on your beneficiaries and make you aware of any legal obligations as part of your testamentary plan.

We can help guide you through this complex area and will work with you to understand your personal circumstance, financial structure, assets and your wishes. Our experienced lawyers will then draw upon their experience to ensure your Will and other supporting documentation meets your expectations and wishes.

  • Protective Wills
  • Testamentary Trust Wills
  • Challenging and Defending a Will
  • Relationship between Estate assets and Superannuation and Commercial assets
  • Estate Planning

Secure your assets and protect your loved ones today. Send us an email or give us a call on 03 5941 1622.

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Frequently Asked Questions

What is an Executor?

An executor named in a Will acts as the trustee of the property contained in the deceased person’s estate.

The role of the executor commenced upon the death of the Will maker, and will continue until the administration of the estate of the deceased person has been undertaken either in accordance with the Will, or in accordance with an order of the court.

It is important to understand your rights and obligations as an executor, including the limitations of your role and the steps required to be taken by you both at law and pursuant to the Will.

Duffy & Simon advises and guides executors in their role, and can assist you in this process.

What is a Trust Will and do I need one?

A Trust Will is a Will that creates a separate testamentary trust within the Will itself.

This is usually undertaken with a view achieving one or more of the following:

  1. Protecting the assets of the estate from a claim being made by a person who has been excluded from the Will; and/or
  2. Providing a mechanism to provide for a person, but to ensure that the control of those assets sit with a third party, such as where there exists a drug dependency issue or where the beneficiary has financial management issues.

Duffy & Simon can advise you on the best course to adopt in drafting your Will and planning the distribution of your estate, including whether a Trust Will is suitable to your needs.

Does the Executor need to Sign the Will?

No, the executor does not need to sign a copy of the Will, however there are specific requirements that should be met with respect to the signing and witnessing of a Will.

It is important to ensure that your Will is drafted properly and executed in a way that does not undermine the binding nature of the Will. Duffy & Simon can assist in the preparation and drafting of your Will. We will advise you on the necessary steps that you should take to ensure that your will reflects your wishes.

How do I choose the Executor of my Will?

Selecting the right person to act as the executor of your Will requires a careful consideration of not only the complexities of your estate, but also the relationships between those people who will be the beneficiaries under your Will.

Whilst it is usual for spouses to act as executors in each other’s Wills, and for adult children to act as alternate executors for their parent’s Will, consideration should be given to whether any of the assets require complicated management, or whether there are any issues that may produce conflict in the administration of the estate.

Duffy & Simon can assist in the selection of your executor in light of both your assets and your wishes with respect to your estate.