If you have assets of significance, it may be time to make or update your Will and/or your succession planning. Marriage, divorce, separation, entering or exiting a registered relationship*, a significant change in financial or family circumstances, or even just a change in your wishes, may mean you need a new Will.

For example, did you know:

• Marriage, or entry into a registered relationship, cancels your Will (unless your Will is expressed to be in contemplation of the marriage or registered relationship).
• Divorce, or ending your registered relationship, removes your former spouse/registered partner from your Will, but separation by itself does not automatically disentitle them.

If you divorce or end your registered relationship and you don’t update your Will, you may be left without an executor, or worse still, without an effective Will. The results when you die may be at best surprising, and at worst, disastrous!

There’s an easy solution: Review and redo your Will!

Karin is able to assist you with preparation of simple Wills through to succession planning where there are family trusts, self-managed superannuation funds, family businesses and/or other complexities. Where appropriate, we can liaise with your accountant about succession planning and tax-minimisation issues. Our solicitors are also familiar with and can advise on estate planning where a second marriage, de facto relationships, or other family complexities are involved.

Effective prior planning can make all the difference to ensure that your wishes are carried out and to minimise the potential for legal disputes.

If your Will is prepared through Wearing & Blairs, we are happy to store your original Will for safekeeping at no additional cost.

* Since 1 August 2017, couples in South Australia, irrespective of their sex or gender identity, have been able to register their relationship pursuant to the Relationships Register Act 2016, giving the relationship legal recognition.

Prior to our consultation I was ready to withdraw from the claims process as it was too stressful and upsetting dealing with RTWSA.

WearingLaw had been recommended to us as a firm of integrity, experienced in compensation law.

I immediately felt relieved and unburdened following the first consultation where Joseph agreed to act on behalf of our family. He confirmed that our claim was legitimate and met the requirements of the law.

I was extremely happy with the work that Joseph did for us and the outcome achieved. From our initial consultation, the regular contact during the process, through to the final result were all handled professionally and empathetically. I would have no hesitation recommending Joseph and WearingLaw to others.

– Yvonne R

Administering an estate is not always straightforward. Timely advice can be invaluable. Karin can assist you with estate administration.

Whether you are a claimant seeking a greater share in an Estate, or an Executor or Administrator anticipating or defending such a claim, effective early advice is essential. Time limits apply. In South Australia, any claim against a deceased estate must be filed and served within six months of the date of the Grant of Probate or Letters of Administration. With early advice, significant Court costs may be avoided.

In addition, we can assist you to prepare an appropriate Enduring Power of Attorney. This important document allows you to appoint someone to manage your financial affairs should you lose capacity during your lifetime, or if you are travelling and unable to attend to your own financial affairs.

Sometimes, carrying out the role of attorney may be challenging and legal advice may be required along the way. We can assist you to understand your obligations as attorney and to avoid or navigate any difficulties if they arise.

It is important to plan for your health, welfare and medical treatment, should you lose capacity to make decisions about these matters for yourself. We can advise you about this and can prepare an Advance Care Directive on your behalf.