Is a DIY will kit valid?

It can be, if properly signed and witnessed, but errors in wording or execution are common and can lead to disputes.

Does super pass under my will?

Not automatically. Super is paid according to the fund's rules and any binding nomination you've made.

How much does a will cost?

Many firms offer simple wills for a fixed fee. Wills involving trusts, blended families, business interests or overseas assets cost more because they need more planning.

Can I contest a will?

Close family members, and some others who depended on the person who died, can apply for a greater share if they were not adequately provided for. Strict time limits apply, often within months of the death, and they differ between states.

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What to discuss at the first meeting

Decide whether you are making a will, reviewing an old one or seeking advice after a death. The lawyer needs to know who owns the assets and who is intended to benefit before recommending documents.

Ask separately about superannuation, trusts and powers of attorney instead of assuming a simple will covers every asset and decision.

How the engagement may progress

List family members, property, debts, companies, trusts and superannuation. Identify where original documents are held and which assets are jointly owned.
Ask what each document or application would achieve. Confirm which state rules and asset-ownership arrangements need to be considered.
Agree on signing, storage and future reviews, or on the executor’s responsibilities for records and distributions. Identify changes that should prompt further advice.

Fees and the scope of work

Compare a simple-will quote with more involved planning or estate administration. Ask about searches, applications, valuations and coordination with an accountant.

Ask for a written scope identifying the work you are authorising, the person responsible and when costs will be reviewed. If you only want advice on one step, say so before the firm begins wider work.

Dates to raise at first contact

Provide the date of death and any estate correspondence promptly. Ask about relevant deadlines before distributing assets, signing a release or assuming a dispute can wait.

Questions to ask a wills & estates adviser

What assets would this planning address?
When should I review the documents again?
Does the scope address assets outside my own name?
Who is the client if relatives attend together?
What information is needed before documents can be finalised?

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A practical guide to wills & estates

What to discuss at the first meeting

How the engagement may progress

Fees and the scope of work

Dates to raise at first contact

Questions to ask a wills & estates adviser

Frequently asked questions

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