Border Wills & Probate

A Will is a document expressing the final testamentary wishes of the testator (the Will maker), executed in accordance with the formalities required by the Succession Act 2006 (NSW) or for Victorian residents the Wills Act 1997 (VIC). Quite often consideration of the above questions, lead to many other questions, such as if you would like to appoint more than one executor, what should happen in the event a dispute arises between the executors?

Powers of Attorney are important documents and should only be effected after careful consideration. We often hear instances of such powers being inappropriately used, which can lead to a vulnerable person losing all of their assets. It is therefore important to ensure that the powers are actually needed and that you trust the person you appoint as your attorney to act in your best interests.

Border Wills and Probate can provide you with advice with regard to challenging the provisions of a Will or defending a challenge to a Will, both in NSW or VIC. Testamentary freedom, being the ability to determine who shall receive provision from your deceased estate, is not without limitation.

When making a Will, a testator has a duty to consider and make adequate provision for family members who require particular financial maintenance and support.It is just as true, that a testator does not have an obligation to distribute their estate equally between their family as some members may have more need than others.