To make a will in Australia you must first have capacity. Generally, persons of sound mind over the age of 18 years have capacity to make a will. If you are under 18 years or if you are concerned you may not have capacity to make a will, contact us for a free consultation.
When writing a will in Australia, you are required to consider several issues:
- Decide who to appoint as your Executor or Executors. The Executor is responsible for carrying out your wishes
- Decide who should inherit your property.
- If you have children under 18 years of age, who should be appointed as their guardian?
- If your gift may go to a child or person with a disability, how should their gift be managed? Should a trust be established?