Wills and Estates
Frequently Asked Questions
Fixed Professional Fees
Avoid unexpected costs with our fixed fee Estate Planning services. Our fixed fee services give you greater peace of mind.
For Individuals:
Simple Wills, Enduring Power of Attorney and Enduring Guardian $132.00 per document
or bundle all three documents for $330.00 with a complimentary Advanced Health Care Directive
For Couples:
Simple Wills, Enduring Power of Attorneys and Enduring Guardians $110.00 per document per person
or bundle all three documents for $300.00 per person with a complimentary Advanced Health Care Directive
All of the above fixed prices includes a 30 minute consultation per document or a 60 minute consultation per person per bundle.
Please note that added time in consultation or for further estate planning, taxation advice, preparing statutory declarations, affidavits, Mutual Wills, Mirror Wills, Advanced Health Care Directive, Trusts and other accompanying documents, will be calculated on the basis of hourly rates.
We encourage everyone to have the benefit of a well drafted Will and to be assured that their loved ones will be looked after. By having a Will, an Enduring Power of Attorney and an Enduring Guardian in place, you ensure that your wishes will be fulfilled in difficult times.
We would be pleased to receive your instructions to prepare the above documents, please contact Ms Brynee Cotten on 1300 000 770, to arrange an appointment. We know you are busy, so we offer clients appointments from 8:30 am to 6 pm on weekdays.
Legally, you do not need a Will, however, it is advisable to have a Will in place. If you pass away without a Will, your estate will be an intestate estate (meaning you did not have a Will) and the court will need to appoint an executor in order to obtain Probate or Letters of Administration. However, by leaving a valid and well drafted Will, your wishes will be carried out and it will make it easier for loved ones to carry out your wishes and lessen the burden on them and avoid costly litigation.
Glaser Lawyers offers clients a free offsite fireproof safe to store important documents including Wills and Certificates of Title, that we recommend you utilise. You are also welcome to store any other important documents or any previous Wills you hold.
Your Will only takes effect when someone dies. While you are alive, documents such as Enduring Power of Attorney or Appointment of Enduring Guardian may be in effect and these documents cease to have effect when someone dies.
It is easy for your solicitor to change or amend your Will by way of a Codicil or by having a new Will prepared that revokes your previous Wills. We recommend that you review your wishes in your Will every 2 years.
No, once we notify the banks of the deceased’s passing, all of the bank accounts in their name will be frozen pending a Grant of Probate. If you do need to pay any bills, the estate will pay for any bills in relation to the estate or alternatively you will be reimbursed from the estate once it has received funds.
You are not allowed to distribute an estate within 6 months of the date of death. If there is any conflict with an estate or beneficiaries, then no distribution can take place until 12 months after the date of death. If you do distribute prior to the 1 year anniversary of death, as executor, you may be liable to make good any claims on the estate.
You should allow a minimum of 6 months in order to obtain a Grant of Probate in a simple Estate, for more complex estates, you may need to allow for a minimum of 12 months.
This depends on the assets of an estate. If the deceased held any real Property or has funds in the bank exceeding $50,000 then a Grant of Probate is required.
The Court will not normally accept a copy of the last will when applying for a Grant of Probate, however in exceptional circumstances the original will is not required.
Generally, the payment of the funeral account will be paid from the deceased’s bank account or an insurance benefit.
In NSW there is a two (2) year time limit in which you must transfer the deceased real property into the names of a beneficiary or sell the Property without the liability of Capital Gains Tax (CGT) upon the transfer.