A Will is a document that sets out what should happen to your property after you and fulfils all the legal requirements in order to be legally valid. The Will will name the Executor you want, the person who will need to identify your assets and liabilities after your death and transfer your assets to your beneficiaries as required by law. The Will should specify who will be your Executor if the person you first named as your Executor dies before you or is unable to fulfil that role.
The Will will clearly indicate who will receive your assets at your death, which is your beneficiaries. The Will should name alternate beneficiaries, that is, who will receive your assets in the event that the beneficiary you first named dies before you. The will may specify conditions that must be met before the beneficiary can receive their gift, such as living longer than you and being at least 25 years old.
When you instruct a Will to be made, you need to decide who you want to be the executor of your estate. The executor you appoint must be capable of taking on the responsibility of finding your most recent Will, instructing a solicitor to obtain probate, liquidating the assets of the estate and distributing the assets of the estate to beneficiaries. No special skills are required, as much of the executor's work is done with the advice of a solicitor. Often, spouses will appoint each other as executors. If a spouse is unable or unwilling to take on this role, people often appoint their adult children as executors.
The Will will remain in force until the testator formally changes it by making an 'addendum' or making a new Will. Once a Will has been signed, handwritten amendments have no effect. The testator can only amend the will before signing it. In this case, the testator and witnesses must sign or initial at or near the edge of the revision. If this is not done, the court may presume that the amendment was made after the signing of the will, and the amendment may not take effect.
Your will can be revoked by marriage unless it is clear that it was made in anticipation of that marriage. If you marry after making your Will and the Will did not anticipate the marriage, you should make a new Will.
Broaden Legal Sydney Wills Solicitors (Estate Lawyers) are located in the Sydney CBD. Proton Sydney Wills Solicitors (Estate Lawyers) can write your Will and all types of documents from simple to complex.
Divorce does not revoke a Will, but it does invalidate any gifts to an ex-spouse and appointments naming an ex-spouse as executor, trustee or guardian (unless the Court confirms that you did not intend to revoke the gift or appointment as a result of the divorce).
撤销遗嘱有几种方式，包括：
- 制定一份新的遗嘱；
- 以撤销遗嘱为目的销毁遗嘱；
- 在遗嘱上写字或以某种方式修改遗嘱，使法院认定您有意撤销它。
- If any of these options are used, the maker of the Will will die intestate unless a new Will is made.
博通悉尼遗嘱律师（遗产律师）可以为您撤销和指定新的遗嘱。当一个人在去世时没有留下遗嘱，就被认为是”无遗嘱”去世。如果一个人无遗嘱去世，那么一个有利害关系的人（通常是最近的亲属）将需要确定是否需要在最高法院提出申请”管理信函”。原则和程序类似于申请遗嘱认证的过程。
However, the determination of the beneficiaries of an estate is based on the "rules of intestate succession". The Rules of Intestate Succession are actually a formula for determining who can receive an estate. If there are no living beneficiaries after applying the rules, the estate is considered "intestate." In this case, the estate goes to the government.
Once the executor of a will has obtained probate (or an interested party has obtained letters of administration), the executor (or administrator, as the case may be) is responsible for carrying out the will in accordance with the wishes of the maker as expressed in the will. Often, this means liquidating bank accounts, transferring stocks and real estate, and distributing the estate. In any event, the beneficiaries are not entitled to the assets of the estate until the court grants probate and appropriate advertisements are published in the relevant newspapers. It has also been suggested that the executor should not distribute the estate to the beneficiaries until after the "executor's year".
执行人（或管理员）有责任用遗产的钱来支付死者的死亡和遗嘱费用。这些付款必须在任何受益人收到他们的礼物之前完成。执行人或管理员也有责任确保完成最后的税务申报，将死者的名字从选民名册上删除，支付所有遗产的债务，以及按照适当的程序转移遗嘱下的所有权益。
The executor of the will may be entitled to receive payments for administering the estate.
Broaden Legal Sydney Probate Lawyers (Estate Lawyers) can apply for probate or letters of administration for you. If you do not have a trusted executor, government executors have higher fees. Broadcom Sydney Wills Solicitors (Estate Solicitors) can undertake the task of executing for a lower fee than a government executor.
