Wills

The Teece Hodgson & Ward team includes several of the leading experts in NSW in wills.

At its simplest, a will is a written statement signed by a person ‘the testator’ appointing someone ‘the executor’ to deal with their assets and liabilities in a particular way when they die.

While on the face of it a will can seem quite simple, many factors affect the validity of wills and the effectiveness of gifts or directions made in a will

Preparing - writing, drafting and settling - a will requires skills and expertise.

For example, a will leaving “my red Ferrari to my brother” may be ineffective if the testator sold the Ferrari before they died and bought a different car. Similarly, a will leaving “all of my estate to my husband and my family in shares determined by my executor” could also fail to be effective because what is meant by ‘my family’ may be unclear and the executor’s discretion may be wider than permitted by law.

When a will is invalid or particular gifts fail, or when a person has no will at all, their property may be dealt with under the laws of intestacy. This means that particular relatives (for example spouse and children, parents, brothers and sisters) receive entitlements determined under a statutory formula. In many cases, applying this formula can produce a result which is quite different from what the individual would have wanted if they had known and taken time and care to plan their will beforehand.

For these reasons, even if your estate is not complex, we recommend having a will prepared by solicitors with expertise in this area.

Excluding someone from your will nearly always calls for professional input because of potential for them to make a claim against your estate after you die. We can provide the expertise needed to draft your will and an admissible statement explaining the exclusion of a possible claimant.

For authoritative legal advice and expert support when making a will, please contact:

 

Richard Neal

Deborah Linwood

John Maitland

Lynn Beeston

 

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Will FAQs

Who can obtain a copy of the will when someone dies?