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Legal Questions
Making a Will
What is a Will?
Why should I make a Will?
What happens if I die without a valid Will?
Who can make a Will?
What does 'legal capacity' mean?
I am under 18 years of age. Can I make a Will?
I can speak and read English but I can’t sign my name. Can I make a Will?
I have a relative who can speak English but has never learnt to read it. Can they make a Will?
My parents don’t speak or read English. Do their Wills have to be in English or can they make them in their native language? If they make them in English, how do they do that?
I have a relative who is blind. Can they make a Will?
Can I have more than one Will?
I’m married. Can I do a joint Will with my spouse?
How often should I review/update my Will?
Appointing an executor
What is an executor?
What are the duties of an executor?
Do I have to appoint an executor?
Who can be an executor?
Who should I appoint as my executor?
Can I appoint more than one executor in the same Will?
Can someone who I wish to appoint as my executor refuse to take on that role?
If someone has agreed to act as my executor, can they later refuse to act? If this happens before I die, what should I do?
Do I have to pay someone to act as my executor?
Making a gift to a beneficiary
What is a beneficiary?
Who can be a beneficiary?
What sorts of gifts can I leave to a beneficiary?
Can I make a conditional gift to a beneficiary (eg a gift to my spouse on condition that they use it to look after our children or a gift to a child on condition that they use it to buy a house)?
Excluding a spouse, child or dependant
Can I exclude my spouse/partner or a child or other dependant from being a beneficiary under my Will?
Testamentary trusts
What is a testamentary trust?
When should I consider using a testamentary trust?
What are the advantages of a testamentary trust?
What are the disadvantages of a testamentary trust?
How does a testamentary trust save tax?
I want to set up a fund for the benefit of an infant. How should I best do this?
I want to leave a gift to someone who is mentally incapacitated or who is not able to look after their own affairs. How should I best do this?
I want to leave a gift to someone who has problems looking after money and I want to make sure that they don’t squander it. How should I best do this?
Appointing a guardian for your children
What is a guardian?
What are the duties of a guardian?
I have a child under the age of 18 years. Do I have to appoint a guardian for them in my Will? Should I?
If I appoint a guardian for my child and their other parent survives me, what happens?
Should I make the appointment of a guardian for my child only operational if their other parent has died or is unable to look after them?
If I appoint a guardian of my children in my Will and their other parent appoints a different guardian and we both die, what happens?
Who can be a guardian?
Can I appoint more than one guardian in the same Will?
Can someone who I wish to appoint as the guardian of my children refuse to take on that role?
If someone has agreed to act as the guardian of my children, can they later refuse to act? If this happens before I die, what should I do?
Can I direct my guardian how to bring up my children?
Do I have to pay someone to act as the guardian of my children?
Signing and other formalities
How must a Will be signed?
How many copies of my Will should I sign?
Who can be a witness to a Will?
Does a witness need to read the Will?
When does a Will take effect?
What do I do with my Will after it has been signed?
Amending or revoking a Will
Can I alter my Will after it is signed and witnessed?
Can I revoke my Will after it is signed?
What should I do with my old Will if I make a new one?
Particular assets and liabilities
I own a house in joint names with my spouse/partner. What happens to our house when I die?
I own company shares in joint names with my spouse/partner. What happens to the shares when I die?
I have a life insurance policy. What happens to my life insurance pay-out when I die?
I am a member of a superannuation fund. What happens to my super benefits when I die?
What happens to my debts when I die?
What happens to my tax liabilities when I die?
Who pays tax on my estate after I die?
Will there be any death duties or capital gains tax payable on my estate?
Changes in circumstances
What happens if I marry after making a Will?
What happens if I separate or divorce after making a Will?
What happens if I have a child after making a Will?
What happens if I adopt or foster a child or gain a step-child after making a Will?
I am a male and I have left all or part of my estate to my children in my Will. What happens if someone emerges who is or claims to be a child of mine who I didn’t know I had fathered?
What happens if a beneficiary of my Will dies before I do?
What happens if a beneficiary of my Will dies after I do but before the gift I left is paid to them by my executor?
What happens if a beneficiary of my Will dies at the same time as I do?
I have left a gift of particular property to a beneficiary. What happens if I dispose of that property or if it is lost or destroyed before I die?
What happens if my executor dies?
What happens if the person I have appointed as the guardian of my children dies or is unable or unwilling to perform their duties as guardian?
What happens if a witness dies?
Cross border issues
If I make a Will in the State or Territory where I live, will it be recognised in other Australian States or Territories where I have property?
If I make a Will in Australia, will it be recognised in other countries where I have property?
I am an Australian citizen living overseas and I have property in Australia? Which law should I make a Will under – Australian law or the law where I live?
Other matters
I want to make my organs available for transplant after I die. What should I do?
What are “mutual Wills”? When should I consider having mutual Wills?
What else should I consider when I make a Will?
Glossary of technical terms
Questions About Our Service
Our services
What are my options for preparing a Will?
How does the online service work?
How does the 'Select' estate planning service work?
Which option should I use?
I don’t have access to a computer. Can I still use Slater & Gordon Online to prepare my Will?
You say that your online and phone services are only appropriate for people who want a standard Will. What do you mean by this?
What are some examples of things that would fall outside a “standard Will” and require specific legal advice?
How will I know if an online or phone Will is suitable for me?
If I use the online service, will I be able to speak with someone about my Will?
What if I start an online Will and need help to complete it?
What if I do an online Will and I make a mistake or I change my mind about something. Can I change my Will without further charge?
Can you store my Will for me?
Our fees
How much does Slater & Gordon Online charge to prepare a Will?
What else do I have to pay?
How do your fees for preparing a Will compare to other online services?
How do your fees for preparing a Will compare to other lawyers?
Can you do me a better deal than your standard fee?
I can buy a Will kit for less than the cost of your online Will. Why shouldn’t I do that?
How do I pay Slater & Gordon Online?
Registering to use our website
Why do I need to register to use your online service?
Who can register to use your online service?
How do I register to use your online service?
What information do I have to provide when I register?
How will I know that I have been registered?
Your personal home page
How do I get a personal home page on your website?
Why do I need to register to get my personal home page?
How do I access my personal home page?
I have stopped and saved a Will interview part way through and want to re-start it. How do I do this?
How do I change my log in details for my personal home page?
My personal details have changed. How do I update them?
Who else can view my personal home page?
Technical enquiries
I’m having problems registering on your website. Can you help me?
I’m having problems logging in to your website. Can you help me?
I’ve forgotten my user ID to log into your website. Can you help me?
I’ve forgotten my password to log into your website. Can you help me?
A transaction I have with Slater & Gordon Online is not appearing on my personal home page. Can you fix this?
A document I want to download is not appearing on my transaction page. Can you fix this?
When I click on the link to a document for a particular transaction, nothing happens. Can you fix this?
Other questions & answers