Wills

Why Every Adult Needs a Will

A well-drafted Will is one of the most important documents you can prepare in your lifetime. It protects your wishes, minimises stress for your loved ones, and helps avoid costly disputes or confusion during a time of grief.

Whether you have a young family, a blended household, business interests, or a significant estate, having a clear and legally valid Will ensures your assets are distributed according to your intentions — not left to chance or the default rules of intestacy.

At Wakefield Lawyers, our experienced Wills and Estates team are here to guide you through the process, ensuring your Will reflects your values and provide lasting peace of mind.

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The Role of an Executor

Appointing the right executor is just as important as drafting the Will itself. Your executor, also referred to as your trustee, is responsible for carrying out the instructions in your Will. This includes:

• Making your funeral arrangements
• Identifying and communicating with beneficiaries
• Managing and protecting estate assets
• Deciding whether to retain or sell property
• Administering ongoing trusts, especially for minors
• Settling debts, including funeral and legal costs

Executors have a legal duty to act in the best interests of all beneficiaries. They can be a family member or friend, and they may also be a beneficiary of your Will. Our lawyers ensure your executor is properly informed, supported, and empowered to fulfil their role confidently and effectively.

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What Your Will Can Do

Your Will sets out:

• Your nominated executor(s)
• Instructions for settling debts, including funeral expenses
• Who receives specific gifts or sentimental items
• Who inherits the residual estate (what’s left after debts and gifts)
• Contingency plans for unexpected “what if” scenarios

For some, trying to work out how to divide your assets amongst your loved ones can be stressful and tricky. This might be due to new relationships, blended families, or estranged relationships. When your lawyer gets to know you, and understands your family dynamics, they can help to suggest options that you hadn’t previously thought of. Such as life interests, mutual Wills contracts, or the different ratios that are available in the division of your assets.

By planning ahead, you give clarity to your loved ones and reduce the likelihood of disputes at a vulnerable time.

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More Than Just a Will

When you visit us to discuss your Will, we’ll also talk with you about related documents that can protect your interests while you’re still alive:

• Enduring Power of Attorney — appoints someone to make financial and legal decisions on your behalf
• Appointment of a Medical Treatment Decision Maker — allows someone you trust to make healthcare decisions if you're unable to do so yourself

We will also discuss your superannuation arrangements with you, including ensuring that a valid binding nomination is in place. This process can be made more complex if you have a self-managed superannuation fund, but we have the expertise to assist you with this as well.

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These documents are important components of a complete estate plan, and we’ll help you decide if they’re right for your situation.

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Speak to a Wills Lawyer Today

Creating or updating a Will doesn't need to be overwhelming. Our dedicated team at Wakefield Lawyers is here to make the process straightforward, respectful, and tailored to your circumstances.

Let’s work together to protect your legacy and the people you care about most.

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Do you have a business, or investment entities, such as a Company or Family Trust? If so, you will need an expert to discuss succession planning with you. Our experienced lawyers can check your company constitution and your Trust Deeds, to work out with you what would happen to those entities when you die.  If the current set up does not suit your needs, then we can work towards variations for you, so that the entity can continue, in the way that you intend.

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