Wills 101: Answers to Frequently Asked Questions

Do I Need a Will?

In short, yes! Having a will provides peace of mind for you and your loved ones. Regardless of your asset position, a will helps ensure that your affairs are handled smoothly, minimizing stress for your family during a difficult time. Without a will, your loved ones may face uncertainty and a complex legal process under intestacy laws, which apply when someone passes away without a will.

What Should I Consider Before Instructing a Lawyer?

At Craigieburn Lawyers, our expert team will guide you through every step of creating a will and advise on any necessary actions for a seamless process. However, if you’d like to come prepared, consider who you would trust as your executor and if there are any specific gifts or inheritances you’d like to leave to certain individuals or organisations.

What Is an Executor?

An executor is the person you designate to manage your estate after you pass. They are responsible for ensuring your wishes are fulfilled according to your will. Executors typically work with a lawyer to help navigate this responsibility. We recommend appointing at least one primary executor, like a spouse, and naming a secondary executor as a backup.

What Is a Beneficiary?

A beneficiary is an individual or organisation who receives assets from your estate. This could be someone you’ve left a specific item to, or someone who inherits a larger portion of your estate. It's wise to consult a lawyer when choosing your beneficiaries, as laws surrounding family provision claims can impact inheritance decisions—especially if you exclude certain family members.

Can I Donate to Charity in My Will?

Absolutely. You can designate donations to charities or even set up charitable foundations in your will. Our team will work with you to ensure that any charitable gifts are handled correctly, following the guidelines of your chosen charity to make sure your contributions have their intended impact.

Can I Change My Will Later?

Yes, you can make changes to your will at any time. You can either draft a new will or amend your existing one with a codicil. Our team ensures your will is prepared with longevity in mind, minimising the need for frequent updates. If you do need a minor update within 12 months of signing, contact us, and we’ll discuss your options to help you avoid additional costs.

How Do I Get Started?

Setting up a will is simpler than you might think. Call or email us today to arrange a free, no-obligation consultation. Let us help you take the first step towards peace of mind for you and your loved ones.