Making a Will
Things to Consider
In order to prepare your Will, we need to know about:
- you and the people closest to you;
- what you own and how you own it; and
- what vision you have for passing on what you own.
Before you come to your appointment, you should consider the following questions:
Who are the people closest to you?
Please come to your appointment with the following information:
- your full names;
- your residential and (if different) postal address;
- your postal address;
- your preferred email address; and
- your preferred phone number.
Please also bring with you the following information about your Executors and Beneficiaries:
- their full names; and
- their residential and (if different) postal addresses.
Who will you appoint as Executor?
Your Executor is the person who will distribute your estate in accordance with your Will. It should be someone you trust and preferably someone who lives in Western Australia.
You should consider appointing a substitute Executor in case the first Executor is unable or unwilling to act as your Executor.
What do you own and how do you own it?
Generally, assets that are owned in solely your name form part of your Estate.
Please indicate what you own, what it is worth and any debts against a particular asset. In relation to your assets, please also indicate whether you have assets in:
- joint names (and, if you know, whether you own as joint tenants or as tenants in common);
- a family trust (please supply a copy of the trust deed and of the latest financial statements, if possible);
- a superannuation fund (please supply copies of any nominations you have made and, if it is your own self-managed superannuation fund, please supply a copy of the trust deed and of the latest financial statements, if possible);and
- another country.
Who will be the Beneficiaries of your Will?
Your Beneficiaries are the people who will receive your assets.
Before you come to your appointment, please consider:
- whether you would like to give any specific gifts or money or personal items to any Beneficiary;
- at what age you would like infant Beneficiaries to receive their gifts (note, the minimum legal age is 18);
- who will share in your estate once all specific gifts have been made; and
- who will inherit a Beneficiary’s gift if you outlive them.
Who will be the Guardian of my children?
If you have children under 18 years of age, you may nominate a person(s) to be Guardian(s) of your children.
It is preferable that you discuss the appointment with that person(s) before making your Will.
Is there anything else that might be relevant?
This may include:
- whether you and your partner have children from previous relationships;
- any significant debts or debts owed to you;
- whether you would like to leave a right of residence to your partner or children, so that they can live in your home if they outlive you;
- your funeral preferences;
- whether any beneficiaries suffer a disability or have other unusual circumstances.