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Wills & Estates Services.
Your Will is one of the most important documents you will write during your life and is one of the most considerate gifts you can leave for your loved ones.
It is essential that a Will is prepared and executed correctly, clearly articulating how you would like your assets distributed. We understand that writing a Will can be an unnerving experience. Our staff will guide you through this process in a manner which will leave you prepared for the rest of your life.
In addition, Mahony’s Lawyers provide several benefits for our clients with respect to the provision of a Will at no extra charge. They include:
– Wills Register
The Wills Register is a quick and easy way for a legal practitioner to locate a Will which would normally take time and add potential stress to your loved ones if they cannot locate it. Mahony’s Lawyers provides registration on the Will Register with the Law Society at no additional cost. The Will Register is only accessible by Lawyers and provides your name, date of birth and location of your Will. This ensures that your Final Will is current and in a safe location.
– Safe Custody
It is important that your Will is not damaged in any way as any marks, tears or even the removal of a staple may affect the validity of your Will. Mahony’s Lawyers offers a personalised service to our clients through our safe custody service. We have a secure vault where we can hold your Will securely at no additional cost.
Contesting a Will
You may find yourself in a dispute with family members over a will and what is included (i.e. an estate). This can be a stressful and bewildering time. We will help you through this process by providing upfront and honest advice and clearly explaining your options.
Advanced Care Directives
An Advanced Care Directive details how you would like to be cared for at the end of your life, based on your choices today. These can include decisions such as how life support and resuscitation are managed, nursing support and home care services, burial and funeral arrangements. These are matters that you may not be in a position to manage or make decisions about down the track, so we will help you put an Advanced Care Directive into place so that your wishes are respected and carried out accordingly, should this time ever come.
Probate/Letters of Administration
If you have been given the responsibility of being Executor or Executrix of someone’s estate, you may need help with ensuring it is provided correctly and with the least amount of stress for everyone involved. At Mahony’s Lawyers, we work with you so that you understand your role and obligations, assisting you through what is often a complex process.
Power of Attorney
Wills and Enduring Power of Attorney are not the same; an Enduring Power of Attorney is effective when you are alive, while a Will is effective upon your death.
During your life, an Enduring Power of Attorney can give someone else the right (power) to handle your financial affairs for you, to effectively take over your decision making on financial matters. A Will is the instructions you leave so that your possessions are dealt with in the manner you would wish after you have passed away. Mahony’s can help you navigate Wills and Powers of Attorney, how to best establish these for yourself, or how to manage these in the event of death.
What If There is No Will?
You may find yourself in need of direction if your loved one has passed away without a Will. We can assist you with the necessary steps associated with the Estate of someone who has died without a current Will in place.
Book a free* first consultation today to talk to our friendly expert team about your legal needs.
* Conditions Apply
Frequently Asked Questions.
Where should my original Will be kept?
A Will is an extremely important document that should be safeguarded.
If you wish to keep your Original Will in your own possession, keep it in a safe and secure place where it will not be vulnerable to possible damage or weathering. It is important that the Original Will is not marked in any way and nothing is attached to the documents. If there are staple marks or it appears pages have been added or removed, the validity of the Will may be disputed as it may appear that the Will has been altered.
It is also a very good idea to let someone know about the location of your Original Will. You are under no legal obligation to tell anyone about the existence of your Original Will or what it says. However, hiding a Will can lead to all sorts of issues in the future and causes your loved ones unnecessary stress. At the very least, it is recommended you let your Executor, or the person who carries out the directions of your Will, know where the document is located.
To set our client’s minds at ease, Mahony’s Lawyers offer a personalised service to clients who prepare their Will and other important documents with us. At no additional cost, you may choose to use our Safe Custody Service at no additional cost, where we can hold these original documents for you in a safe and secure environment in our Safe Custody Room.
What does it mean if I am an executor of a Will?
When a person makes a Will, they will normally list someone close to them and who they trust to become the Executor of a Will. At times there can be more than one Executor and you may be required to act jointly. As an Executor of a Will it is your responsibility to distribute the Estate to the Beneficiaries as per the terms of the Will. In basic terms you will be responsible for gathering (“calling in”) the assets of the estate, paying debts, and distributing the estate to the nominated beneficiaries.
During this process it may be necessary to obtain a Grant of Probate from the Supreme Court. This will depend on the size of the estate, assets involved and terms of the Will.
The role of an Executor can be overwhelming. As a client of Mahony’s, we will work with you so that you understand your role and obligations and assist you through what is often a complex process.