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-   -   Sorting out wills. (https://britishexpats.com/forum/australia-54/sorting-out-wills-858718/)

stuartsummers1980 May 22nd 2015 1:47 pm

Sorting out wills.
 
Hi,

has anyone sorted out a will while in Aus? I'm trying to work out whether my wife and I should do one under UK law or Australian Law? The reason for my dilemma, is there's an outside chance we may return to the UK to live in the next 12-24 months, although there's a chance we won't. I didn't want to spend the money sorting out a will with an Australian Solicitor tied to Australian law, if I then have to do it all again in 1 to 2 years time. I'm just wondering if I should do one with a UK solicitor in a trip we've got coming up, and just do it under UK law.

I'd be interested how others in a similar position approached this topic?

Thanks.

spouse of scouse May 23rd 2015 3:46 am

Re: Sorting out wills.
 

Originally Posted by stuartsummers1980 (Post 11654037)
Hi,

has anyone sorted out a will while in Aus? I'm trying to work out whether my wife and I should do one under UK law or Australian Law? The reason for my dilemma, is there's an outside chance we may return to the UK to live in the next 12-24 months, although there's a chance we won't. I didn't want to spend the money sorting out a will with an Australian Solicitor tied to Australian law, if I then have to do it all again in 1 to 2 years time. I'm just wondering if I should do one with a UK solicitor in a trip we've got coming up, and just do it under UK law.

I'd be interested how others in a similar position approached this topic?

Thanks.

Can't help sorry, but will be interested in any answers you get. Scouse and I have Australian wills, but we're moving to the UK - I just thought we'd make another one once we're there.

Unless your Will is a complex one, it shouldn't cost you much to do one here - you can get a twin Will pack (for two people) from Australia Post, I think it was about $50. It's easy to complete and perfectly legal, as long as you get it witnessed. I'd do one here - 24 months is a long time to be without a Will.

stuartsummers1980 May 23rd 2015 3:57 pm

Re: Sorting out wills.
 
Yes it wouldn't be overly complex I wouldn't have thought. Thanks.

Bix May 23rd 2015 8:29 pm

Re: Sorting out wills.
 
We made an appointment with the local Public Trustee who guide you through the process and make it out for free. They also retain originals so no need for us to worry about safe keeping in bank deposit boxes or similar.

We are in QLD so check your state or territory as they may vary.

spouse of scouse May 23rd 2015 11:58 pm

Re: Sorting out wills.
 

Originally Posted by Bix (Post 11654887)
We made an appointment with the local Public Trustee who guide you through the process and make it out for free. They also retain originals so no need for us to worry about safe keeping in bank deposit boxes or similar.

We are in QLD so check your state or territory as they may vary.

Just be careful with the Public Trustee free Will service - in WA and SA (don't know about the other States) they only do it free if you appoint them as the Executor. Their Executor fees are around 4 times as much as a solicitor charges for obtaining a Grant of Probate.

Kiwipaul May 25th 2015 7:07 pm

Re: Sorting out wills.
 

Originally Posted by spouse of scouse (Post 11655041)
Just be careful with the Public Trustee free Will service - in WA and SA (don't know about the other States) they only do it free if you appoint them as the Executor.

This applies in QLD as well but it's a cheap temp solution and if you stay organize another with a sol of your choice as any new will invalidates the old one.

Alfresco May 31st 2015 1:11 pm

Re: Sorting out wills.
 
I did mine last week with https://www.easywill.com.au/

kitty4 May 31st 2015 3:51 pm

Re: Sorting out wills.
 
You don't have to appoint the public trustee as executor to do a free will with them (we are in QLD) although they try to get you to appoint them and people who don't realise that may think they have no other option........

brits1 Jun 1st 2015 6:43 pm

Re: Sorting out wills.
 
Hi

If you are buying a Will pack which is perfectly legal just make sure that you are very specific with your wording, ie write the names down of the people who are to be your beneficiaries and what they are to be given, ie home, car, certain favourite pieces etc. Write down your burial/cremation wishes even the music you would like at the service, it all helps your loved ones when your gone. Make sure you get it signed and keep your Will safe and to let your next of kin know where you keep your Will and do not forget to date your Will very clearly, you can always change your wishes in a Will whenever you want to. All the best


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