Will has no expiry date. However, if your circumstances change you should
consider amending the Will. Your present Will would be invalid and must be
renewed after marriage unless it was made "in contemplation of
marriage". You should renew your Will after divorce or if there are
substantial changes to your circumstances. If the executor you appointed in your
Will is no longer available you should at least add a Codicil.
your special needs, your solicitor can draft a Will to suit you.
Wills can be challenged. However, the chances that a Will is challenged are much
greater if the Will is not properly drafted. By saving a couple of hundred
dollars when making the Will you could expose your estate to many thousands of
dollars in court costs after you die.
Peter Romano on (02) 9742 5529 if you have any questions at all.
Probate & Letters of Administration
The Executor named in a valid Will applies to the Supreme Court for Probate.
Actually, the Executor will nearly always instruct a solicitor to prepare and
lodge all the necessary paperwork. When required to do so, the Executor will
sign the affidavit and approve the documents generally. Once Probate is granted,
any costs and outstanding bills invoiced to the deceased or to the estate can be
paid. The rest of the assets of the Deceased Estate can then be distributed to
the beneficiaries in line with the instructions in the Will.
Intestacy - a good reason to make a Will
If the deceased died intestate, that is without leaving a Will, it will be necessary
to apply to the Supreme Court for a Grant of Letters of Administration. There is more work involved with an
intestacy and invariably more costs even if the application for a Grant of
Letters of Administration is uncontested. Where there is no Will and therefore
no evidence of the deceased's clear intentions, it is more likely that the
appointment of an administrator and the Grant of Letters of Administration are
The Public Trustee - another good reason to make a Will
By default, in the absence of a volunteer to apply for a Grant of Letters of
Administration, the Public Trustee will be appointed administrator by the
Supreme Court. That is not to say that you cannot appoint the Public Trustee as
your executor. And there is no doubt that the Public Trustee will also do a good
job for your estate. We do, however, suggest you make some enquiries with the
Public Trustee so you can make some comparisons. The following is a guide to
comparable costs charged for Probate: