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As part of our services Murphy Lyons Solicitors provide FREE to all of our Will clients:
- a specifically tailored last Will and Testament for both husband and wife,or partners
- a living Will or care directive in the event of illness (for both husband and wife, or partners)
- a Power of Attorney and health and lifestyle directive often called a Living Will or Guardianship
- a General or Enduring Power of Attorney
- we can show you how to save 33% taxation on your superannuation, and how to implement other tax saving plans including tax free income splitting with children
- we will review your Will and Power of Attorney free of charge every three years
We would like to think we will have a long-term relationship with all our clients, and that you will feel comfortable enough to pick up the phone and talk to us if you have any worries or need some general advice.
What is a Will
A Will is a legal document, in which you state your intentions as to the division of your estate after death. Although seemingly simple, there are many important questions to consider. The below information might help you to understand what is required of you when making your Will, and how to protect your estate.
Murphy Lyons Solicitors are specialists in Wills, ensuring that your intentions are followed through, to the extent that the law allows. We will also advise you of any tax savings you can make on investments and superannuation.
We offer much more than just the preparation of a Will. We offer stress-free certainty to take the burden off your shoulders.
Making your Will
There are many considerations when it comes to making your Will. It is an area that can be fraught with problems while you’re around, and can result in protracted legal disputes and loss of assets once you have gone. Some things to consider are:
- be aware that some members of your family might have high expectations of significant financial gain from your Will
- Wills bring out the best, and the worst of family members, when expectations are not met
- it is distressing for everyone to see an estate locked in lengthy and costly legal dispute, eating away at the estate assets;
- be aware of the persons who may have a claim on your estate. This can be particularly difficulty in splintered families, families with multiple marriages, relationships and children (dependents/spouse/partner/children)
- your obligations to your spouse or partner and family are primary
- those members of your family who have greater needs than those of other members of the family. Often the needs of such beneficiaries far outweigh the needs of other beneficiaries
- as best as possible reward those who have been good to you
- ensure your estate goes to those you intended
- as best as possible be even handed amongst your beneficiaries
Who can challenge a Will?
There are several reasons that a family member may question your Will, and in certain circumstances these challenges will be upheld. When it comes to making your Will, there are many questions a Lawyer will ask you to ensure all possible objections are covered. These are not found in a Will kit purchased from the newsagent!
Reasons for challenging a Will include:
- if you make no provision for a family member or only limited provision. You will need to explain the reasons in a separate document
- if a family member feels that you failed to make sufficient provision for his/her maintenance
- if you lacked testamentary capacity to make a will. Lawyers assess a person’s testamentary capacity and are the first line of defence to such allegations
Be informed, prudent and careful. By making a small saving in preparing your Will from a newsagency will kit, your estate may lose hundreds of thousands of dollars in avoidable litigation.
We will review your Will and Power of Attorney free of charge every three years
- without obligation we will advise what steps you should take to protect your assets and investment
- without charge we will suggest what amendments and additions you should seek when updating your Will,Power of Attorney and Guardianship
- we will happily attend your home or hospital if you are incapacitated