When is a “reading of the Will” conducted?

After watching some of your favourite American movies/TV shows, you may be left wondering when a “reading of the Will” is to be conducted following the passing of a loved one. In Australia, there is no requirement for a formal “reading of the Will.”

It is best practice for an executor to locate the original Will and to read the contents, as soon as possible following the passing of the testator, to ensure that the Deceased’s wishes are followed (such as burial/cremation wishes). It is common for law firms to hold original Wills in their safe custody. We offer this service to our clients free of charge.

If you have not been provided for in the Will of a loved one and believe you should be, we recommend that you obtain legal advice as soon as possible. The reason for this is that strict timeframes do apply, should you wish to make a family provision application.

Should you have any queries as to your role as executor or entitlement to make a claim against an Estate, we would welcome you to contact our office on (07) 3278 1888 to arrange an appointment.

Estate Planning

How to prepare for your first appointment with us to prepare your Will & Enduring Power of Attorney

It is important that you bring identification with you, preferably your Drivers Licence and your Passport.
If you are unable to bring these, please advise us and we will advise alternate identification documents.

Depending on your personal circumstances, we will require you to bring:

  • Your most recent Superannuation Statement
  • A list of your assets and liabilities e.g. real property, vehicles, shares/investments, banks accounts and insurance policies
  • A list of whom you wish to be the Executors of your Will, including their full name legal name and address
  • A list of whom you wish to be the beneficiaries of your Will, including their full legal name and address
  • A list of whom you wish to be the attorneys of your Enduring Power of Attorney including their full legal name and address

Other information you may want to think about:

  • Your wishes in relation to organ donation
  • Guardianship of any children under 18 years of age
  • Your wishes in relation to cremation/burial
  • How you want your estate distributed e.g. specific gifts/balance of your estate

Once you have had your Will and Enduring Power of Attorney signed and witnessed, it is important that you let your family know the location of these important legal documents.

Don’t wait to get your Estate Planning in order, call us on 07 3278 1888 or fill in the form below and we will provide you with a FREE quote

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    4 Common Myths About Divorce

    You Don’t Need Legal Advice

    While you can prepare your own divorce application, we strongly recommend you seek legal advice before doing so. This is especially the case when you have children or hold joint property together. Making the initial decision to get legal advice will ensure your rights are represented.

    You Can Get Divorced Whenever You Want

    The only grounds for divorce are that the marriage has broken down irretrievably and you must have been separated for at least 12 months and one day. If there are children under 18 then proper arrangements need to have been made for them. In Australia, if you have been married for less than two years you will need to attend counselling and provide the court with a counselling certificate.

    Mothers Always Get Custody

    When a court determines who will have physical and legal custody, they take the best interests of the children into consideration.

    Assets Are Split Equally

    The division of assets is more about fairness rather than an equal split. Once the asset pool has been compiled, the process involves measuring the contribution that each party made to the assets. There are a number of factors that are taken into account, and the division must be just and equitable under the Family Law Act.

    We are here to help

    Please call us on 07 3278 1888 for your no obligation FREE quote and initial advice