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Wills & Estate Planning

Caldwell Martin Cox’s team of lawyers for Wills, Probate and Estate matters has the knowledge and experience to provide all of your personal Estate Planning solutions as well as the preparation of your Will. By preparing your Will with Caldwell Martin Cox, you will not only be protecting your assets but will also be shown how to legally distribute your assets in the exact way you desire them to be distributed.

The successful preparation of a Will ensures that your family members and loved ones are provided for. For this reason it is important to employ trained, professional lawyers for Wills. A valid Will is a document that is signed by the Will maker and witnessed by two independent adult witnesses, who are neither beneficiaries nor related to the beneficiaries.

The document must "express your testamentary intentions," which essentially means it is to show it is intended to take effect after the death of the Will maker.

A Will has no effect during the life of the Will maker. The fact that an Executor is appointed in a Will gives no authority to that person during the life of the Will maker. A Will "speaks only from the time of death" and refers to assets owned by the Will maker as at the date of death.

A properly drafted Will ensures all assets are disposed of through a residuary clause. One never knows what assets one will have at the time of death, so it is important to account for these unknown factors in order to prevent uncertainty and potential disagreement. Whilst specific items can be left to beneficiaries it is best to use "general terms" in describing legacies. If a specific gift referred to in a Will is not owned by the Will maker at the time of death, the gift fails. It is also important to nominate substitute Executors and Beneficiaries, as there is no certainty regarding the order in which family members will pass on.

The expense of making a properly drawn Will and ensuring that it is properly executed greatly outweighs the cost of not getting it right. Caldwell Martin Cox has Will and Estate solicitors at each of our offices who can assist you in preparing a valid Will which properly expresses your wishes.

MAKE AN APPOINTMENT
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ABN 65001889317

Liability limited by a scheme approved under Professional Standards Legislation

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