Olson Law Olson Law

What You Need For Your Will

We can help you with your will but you will need to organise the following:

  1. What makes up your estate; property, shares, furniture, personal effects et cetera.
  2. Who the executor/executrix of your estate will be. This includes their full name and address.
  3. You will also need to think about your second and third choices for executor/executrix and their full names and addresses.
  4. Who will be your beneficiaries.
  5. How your estate is to be divided amongst your beneficiaries.

Once you have these things organised, give us a call or email us.

 [08] 6102 1029

Terms

Executor and Beneficiary

The Executor or Executrix has a difficult job of organising your estate and dividing the proceeds per your instructions through your will. It is best to choose someone with capacity who is honest, diligent and careful.

Your beneficiaries are those people or institutions who you plan to receive part or all of your estate.

We also do:

  • Enduring Power of Attorney
  • Enduring Power of Guardianship

A lost will is as good as no will at all

If a will is lost then it places a difficult burden on the beneficiaries to prove that it existed. The beneficiary needs to show that:

  1. The Will existed
  2. The Will revoked all previous Wills
  3. It was not destroyed by the testator as a means of revoking the will
  4. What the terms of the Will were
  5. Evidence of the due date of execution

As you can see, these are difficult hurdles to overcome, so keeping an up-to-date Will in a secured place that is known to the executors vitally important.

See Larussa v Carr as Administratrix of the Estate of Giuseppe Larussa [2016] WASC 332.