Anyone who is at least 18 years old can make a will.
The LawOnline system may not be used to make a will for a person who has not reached 18 years of age at the time that the will is made.
A person who is under 18, in some States of Australia, may make a will if he or she is, or has been married, or is about to be married. Each State and Territory in Australia has its own law on this issue.
If you die without leaving a will, you are said to have died "intestate". In that case, the law specifies how your property will be distributed. This will usually be to a surviving spouse or partner and your immediate family, or to close relatives, in set proportions.
This may not be what you would have wished or what your family wants, and it could involve them and your estate in the cost and effort of making a claim in court. If there are no relatives who are in the categories listed in the law, then your estate goes to the State.
Your lawyer or a family member can still administer your estate if you have not made a will, but only according to the law. It is usually much more expensive and time consuming to do this, than it would have been if you had left a valid will.
Even if you don't own much property, it is wise to have a will. Probably the best reason to have a will is to save your family some of the trouble and expense that occurs when a person dies without leaving a will. It can add considerably to the time, expense and trouble that is involved in tidying up the affairs of a person who dies, if the person dies without leaving a will.
You should make a will when you marry or enter into a civil union or a de facto relationship. When you have children, it is especially important to have a will.
Because of the importance of your will, the law says it must be made in a prescribed manner. The LawOnline system ensures that you will make a valid will, as long as you carefully follow all of the advice that you are given by the LawOnline system and carefully follow all of the steps that you are advised to take.
You and 2 witnesses will need to sign the will, all in each other’s presence.
For each will, there can only be one person whose will is being made. Two people cannot make a single will together. They must each make separate wills.
The usual reasons for establishing a family trust include:
The trustees are the legal owners of the trust property and can do the same sorts of things with the trust property that any owner can do. They can hold property, raise mortgages, open and operate bank accounts and generally hold all types of assets and investments, as long as they operate according to the powers set out in the trust deed.
The Lawyers at LawOnline have carefully prepared the documents that you will find on the LawOnline site, to ensure that you will prepare a fully legal and normal legal document. You also have the benefit of all of the legal advice that is made available to you on this website. It is just as safe as visiting a lawyer personally, but is a great deal more convenient to access and is often considerably cheaper.
By creating an enduring power of attorney, you choose and empower someone to manage your financial affairs if you lose the ability to manage them yourself. If you lose the ability without having appointed an enduring attorney, there may be no one who can manage your financial affairs. In that case it may be necessary for a relative or friend to apply to the court for someone to be appointed. That is usually an expensive, time-consuming and unsatisfactory exercise.
By appointing an enduring guardian, you choose, and give authority to, someone to manage your care and welfare, if you are unable to make your own decisions. This enables the person who you appoint to make decisions for you about your health care and about where you live. If you lose the ability to make these decisions for yourself, without having appointed an enduring guardian, there may be no one who can manage those issues for you. If that is the case, it may be necessary for a relative or friend to apply to the court for someone to be appointed. That is usually an expensive, time-consuming and unsatisfactory exercise.
For an enduring power of attorney and an enduring guardianship to be valid legal documents, the signature must be witnessed by a qualified witness. The qualified witness must provide advice to the person who is signing the enduring power of attorney or enduring guardianship appointment about the effect of the document, and having done so, must certify in writing that the person signing the document appeared to understand the effect of the document. If the qualified witness is not satisfied that the person signing the document understands its effect, then the document will not be validly created.
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