Making a Will: Protect Your Family and Your Wishes
A properly prepared Will gives your family clarity, protects your wishes and helps ensure your estate is dealt with the way you intend.
Kalde Legal assists individuals, couples, parents, retirees and business owners with practical Will preparation, estate planning and testamentary trust advice.
A Will helps protect the people and wishes that matter most.
Choose who receives your estate
Your Will records who should receive your property, personal items, investments and other assets after your death.
Appoint the right executor
Your executor is responsible for carrying out your wishes, collecting assets, paying debts and distributing your estate.
Plan for your children
If you have minor children, your Will can nominate guardians and provide instructions about your wishes for their care.
Why making a Will matters
A Will is a legal document that records your wishes about what should happen to your estate after you die.
It can deal with your property, bank accounts, personal possessions, business interests, digital assets and the people you want to benefit. It can also appoint an executor to administer your estate and, where relevant, nominate guardians for minor children.
Without a valid Will, your estate may not be distributed the way you would have chosen. This can create stress, uncertainty and avoidable conflict for the people you leave behind.
Your Will can deal with
Will preparation services
Choose the area that best matches your needs, or contact Kalde Legal if you are not sure where to start.
Preparing a New Will
Prepare a clear Will that appoints executors, identifies beneficiaries and records your wishes for your estate.
Updating an Existing Will
Review and update your Will after marriage, separation, divorce, retirement, family changes or asset changes.
Executor Advice
Understand who to appoint as executor and what that role involves after your death.
Guardianship Wishes
Nominate guardians for minor children and record your wishes about who should care for them if needed.
Testamentary Trusts
Consider whether your Will should include testamentary trust arrangements for asset protection or ongoing family support.
Digital Assets
Plan for cryptocurrency, online accounts, family photos, cloud storage, social media and digital business assets.
Plan for the people you love
A Will can help give your family guidance and certainty during a difficult time.
Think about your home and assets
Your Will should reflect your property, personal assets, family circumstances and future wishes.
Do not leave your family guessing
A properly prepared Will can help reduce uncertainty, avoid confusion and give your family clearer instructions when they need them most.
What should a Will include?
Every Will should be tailored to the person making it. A simple Will may be enough for some people, while others may need more detailed planning for blended families, business interests, trusts, superannuation, digital assets or vulnerable beneficiaries.
A well-prepared Will should be clear about who is appointed to administer the estate, who receives the estate, what happens if a beneficiary dies before you and how specific gifts or personal items should be dealt with.
Kalde Legal explains your options in plain language and prepares your Will to reflect your instructions.
Common Will clauses include
Executors: choosing the right person
Your executor is the person responsible for carrying out your wishes after you die. This can involve locating the Will, applying for probate if required, collecting assets, paying debts, communicating with beneficiaries and distributing the estate.
Choosing an executor is an important decision. The role requires trust, organisation and the ability to deal with family members, institutions and practical estate administration tasks.
You should also consider appointing a substitute executor in case your first choice is unable or unwilling to act.
A good executor should be
Wills and guardianship for minor children
If you have minor children, your Will can record who you would like to care for them if both parents have died or are unable to act.
Guardianship decisions should be considered carefully. You may want to think about family relationships, location, schooling, values, financial resources and whether the proposed guardian is willing and able to take on the role.
Your Will can also deal with how assets should be managed for children until they reach an appropriate age.
For parents
Making a Will is especially important if you have children. It allows you to nominate guardians and provide clearer instructions about how your estate should support them.
How the Will creation process works
We make the process clear, practical and manageable.
Discuss
We discuss your family, assets, wishes, existing documents and estate planning concerns.
Advise
We explain your options, including executors, beneficiaries, guardianship and testamentary trust issues.
Draft
We prepare your Will for review and answer your questions before it is finalised.
Sign
We guide you through signing and discuss safekeeping of the original Will.
Testamentary trusts: protecting your legacy
A testamentary trust is a trust created by a Will that comes into effect after death. It can be useful where you want greater control, flexibility or protection for beneficiaries.
Testamentary trusts may be considered for minor children, vulnerable beneficiaries, blended families, asset protection planning or where ongoing management of assets may be needed.
They are not necessary for every Will, but they can be powerful in the right circumstances. We can explain whether a simple Will or a Will with testamentary trust provisions may be more suitable.
A testamentary trust may help with
When should you update your Will?
Your Will should be reviewed whenever your life, assets or family circumstances change.
Family changes
Marriage, separation, divorce, births, deaths, blended family changes or changed relationships may affect your Will.
Asset changes
Buying or selling property, starting a business, retirement or major financial changes may require a Will review.
Executor changes
Your chosen executor may no longer be appropriate, available, willing or able to act when needed.
Related estate planning pages
These pages may help if you are preparing a Will or considering broader estate planning issues.
Wills & Estate Planning
Broader estate planning services, including probate, estate administration, Will disputes and digital assets.
The Will Creation Process
Learn what happens from initial consultation through to drafting, review, signing and safekeeping.
Digital Assets and Your Will
Plan for cryptocurrency, online accounts, cloud storage, family photos and digital business assets.
Frequently asked questions
What is a Will?
A Will is a legal document that records your wishes about who should administer your estate and who should receive your assets after your death.
Why do I need a Will?
A Will helps provide clarity for your family and allows you to decide who should receive your assets. Without a valid Will, your estate may be dealt with under rules that may not reflect your wishes.
Who should I appoint as executor?
You should appoint someone you trust who is organised, reliable and capable of dealing with practical estate administration tasks. You should also consider appointing a backup executor.
Can I nominate a guardian for my children?
Yes. If you have minor children, your Will can record who you would like to care for them if both parents have died or are unable to act.
What is a testamentary trust?
A testamentary trust is a trust created by a Will that comes into effect after death. It can help manage assets for beneficiaries and may provide flexibility in suitable circumstances.
When should I update my Will?
You should consider updating your Will after major life changes such as marriage, separation, divorce, births, deaths, retirement, property changes, business changes or significant changes in family circumstances.
Speak with a Wills lawyer
Contact Kalde Legal for practical advice about making or updating your Will.
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Hervey Bay Solicitors
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