Making a will in Oz
 

We had wills in UK now we are living permanently in Oz I understand they are void.

Has anyone used these https://onewill.com.au - 2 wills for me and hubby for $99


Or any other suggestions would be good.

Thanks :D

Re: Making a will in Oz
 

My insurance company allow us to make wills free of charge.

Create Free Online Will - AAMI Insurance Australia
http://www.aami.com.au/customer-serv...ls-online.aspx

It takes you through it step by step.

Re: Making a will in Oz
 

You can get a will kit for couples (or singles) from Australia Post. Cheap, very effective.

Also for power of attorney and enduring power of attorney's (which people should have just in case), you can download the form here (this is for NSW) only and contains instructions on what to do :

http://www.lands.nsw.gov.au/_media/l...ney_in_NSW.pdf

Re: Making a will in Oz
 

Thanks for answers :thumbup:

Re: Making a will in Oz
 

You understand incorrectly, unless your state does not allow out-of-state wills to be admitted for probate.

And even that doesn't matter if your assets aren't located there ...

However, your will should usually be in the same jurisdiction as your main assets, makes things a lot less complicated even if a UK will isn't "void" as you suggest.

Re: Making a will in Oz
 

Our solicitor in the UK told us that a UK will will be used to distribute assets held in the UK, and if we moved to Australia we would be effectively intestate if we died in Oz. I agree however that the Probate Court would likely take guidance from the UK will (if they knew about it!).

We got Qld wills done just last month through the Public Trustee - a free service which included a good thorough interview which was a bit better than doing it ourselves.

Re: Making a will in Oz
 

Very helpful chap - thanks...

Re: Making a will in Oz
 

What or who is the Public Trustee? Where do I find out about this service?

Has anyone used a solicitor? Is it expensive?

Re: Making a will in Oz
 

http://www.pt.qld.gov.au/

They get paid if and when you use their service after the event that triggers the will reading.

Each State has one, that reminds me, I did one with the PT in NSW !! I'd better change it... :D

Re: Making a will in Oz
 

Thank you for the link. There is an office in Cairns so may give them a call tomorrow.

Re: Making a will in Oz
 

you should make a UK will for UK assets, Australian Will for Australia Assets. try Citizen's advice Bureau for cheap Wills
PLEASE do not buy from post office unless you follow the instructions very carefully. eg date, appoint executor, have witnesses present. also uk has very inheritance tax implications that Australia hasn't got (death tax is abolished, well in WA anyway)

Re: Making a will in Oz
 

I freely admit to knowing very little about wills and I am not disputing either but...

...both sounded a bit weird.

Why couldn't you make a single will that allocated assets in both jurisdictions? :confused:

Re: Making a will in Oz
 

Legalities is the answer....

Re: Making a will in Oz
 

I am a lawyer and this is what we advise our clients - to make a Willin both countries. that way, you avoid the risk that the county where your Will was not made not accepting your Will.

Usually Probate of an Australian will, once proved can be resealed in the UK.

However, as I said, te better way is to get a separate will for each country where assets are held.

if the residuary clause is ambiguous- i.e does not specifically mention the countries, you may risk dying partially intestate.

that's my view as its the safer option...

Re: Making a will in Oz
 

A handy link, sure to use when my time comes ... thanks for sharing ABCDiamond.

Re: Making a will in Oz
 

Having two wills is not the risk free option that you quote, as they may contradict each other.

The guiding principles should be:

- You should normally have a will in the jurisidiction in which you reside; and

- IF you have substantial assets in another jurisdiction, then research whether it is better to have a local will or whether that jurisdiction will accept your out-of-state/province/country will.

These answers are almost always fact dependent so don't believe what you read on forums.

Re: Making a will in Oz
 

The Public Trustees are free to prepare the will but processing it after death usually cost a bit more, there are still advantages though especially if you don't want relatives meddling. We both have wills with the Public trustee (they recently changed their name in NSW), we also have made provision for them to look after other things if we become incapable.

Re: Making a will in Oz
 

Thanks for posting this question and some valid answers. I had no idea that we should write another one.

I was only mentioning the other day.....pretty morbid.....but if something happened to us now, I have no idea where I'd want to be buried......

Re: Making a will in Oz
 

If you are in Sydney I saw advertised in MX today that the Red Cross are running wills days on 29th & 30th October. The cost is $60 per will (donation so can be claimed against tax I expect) and the wills are written for you by a solicitor. Their website (redcross.org.au I think) has more info on it according to the ad.

We did this a couple of months ago when the Spastic Society was running a wills day, and there was no hidden catches (you can chose you executors, the solicitor stores the will for you safely at no cost, you don't have to include the charity in your will).