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Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience:  Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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Is the will kits you purchase from post office ect - legal

Resolved Question:

Is the will kits you purchase from post office ect - legal
Submitted: 4 years ago.
Category: Australia Law
Expert:  Peter G. replied 4 years ago.
I suspect that these will Kits you obtain from the Post Office just give you directions on how the will should be executed, and other advice. So, ultimately, it is up to you to do everything according to this advice. I would not recommend using them, as the preparation of a will is quite a complicated process to get right, and if you get something wrong it will be too late to rectify it after death. The signing of the will in the correct manner is the most important thing. But there are other considerations about what you say in your will and how you say it, that will not be adequately covered in these kits.

You say that your parents live in a family unit on your land. I take it that your parents do not own any of this land. If this is the case they cannot leave anything in relation to this unit in their will. You can only leave what you own. So, if they do not own this property, there is no need to say anything about it in the Will.

I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
Customer: replied 4 years ago.
Hi Peter , they don't own the land but they did pay for the unit to be built . Does this matter .
Expert:  Peter G. replied 4 years ago.
Who built the unit; who received the money for this?
Customer: replied 4 years ago.

we had subbies do most of the work and we did the rest that did not need to have tradies come in for

 

Expert:  Peter G. replied 4 years ago.
Okay, thanks.

Well, strictly your parents do not own or have an interest in anything on your property. However, if some formal arrangement had been entered into in relation to this, for instance, a deed of family arrangement specifying that they did hold some interest, that they would probably have an interest that they could leave in their wills. But I gather that this has not been done. I don't know how much money is involved, but these things can lead to family difficulties later on, and there is a bit of a trend at the moment for families to enter into formal arrangements about these sort of things. This is particularly so because there is also a trend for family members to challenge wills. There is very much less likelihood that a will will be challenged if these things have been sorted out during life. Your parents could make an adjustment in their wills to take account of the situation, for instance by giving more to your sister. But this is why I say that it is far better to have a solicitor advised to about the Wills because the wills can be drawn in a way that is designed to avoid any challenges after death.

I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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Peter G.
Peter G.
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Law degree from the University of Melbourne 1978, with thirty years of practice experience.