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What is a Will?
A Will is a document which sets out the wishes of the person and contesting a will SA(known as the “Testator”) with regard to:
- the distribution and management of the Testator’s property after death; and
- the appointment of the person or persons who are to carry out the instructions contained in the Will (known as the “Executors and Trustees”).
Who should make a Will?
Anyone over the age of 18 years who holds assets in their own name and has mental capacity.


What are the consequences of a person dying without a Will?
If a person dies without a valid Will, he or she is deemed to have died intestate. If there is no valid Will then a person’s assets are distributed according to the Laws of Intestacy set out in section 72 of the Administration and Probate Act 1919.
Even if a person dies leaving a valid Will, there may be cases where that Will does not effectively dispose of all the estate and the Laws of Intestacy will apply to that part of the estate not disposed of by the Will.
It is your right to make a Will so that at the end of your life, your assets will be distributed to the persons of your choice, subject only to any Court order relating to your estate.
By having a valid Will, you are providing your family and beneficiaries with the best chance of reducing unnecessary complications following your death.
Costs
Simple Wills $350 plus GST
Mutual – married couple $550 plus GST
Complex wills – charged at hourly rate


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Barristers & Solicitors
North Adelaide Office
262 Melbourne Street
North Adelaide
Tel : (08) 8123 1808
Email : info@liptak-lawyer.com.au