Year: 2018

It can seem difficult to choose the right solicitor to assist you with your estate planning.  You need someone who has specific knowledge of the wills and estates area to prepare your will because it is easy for potential problems to be overlooked, especially if the solicitor is rushed with other work!

A solicitor who is knowledgeable about wills and estates will review your assets and family structure to identify, and take steps to avoid, any problems arising for your loved ones after you pass away.   This includes simple matters such as making sure you have nominated a beneficiary for your superannuation entitlements but can also include more complicated issues such as identifying potential family provision claims or implementing a succession plan for your family business.

Your solicitor should take the time to understand your position and your priorities to ensure that your estate has the best chance of being dealt with in the way that you wish.  They must then ensure that your documents are prepared and signed correctly and that appropriate arrangements are made to store them where your family can locate them at the right time.

At Hornsby Wills and Probate, our focus is on wills and estates.  We do not work in competing practice areas so we can give our wills and estates clients our full attention.  All work is undertaken directly by our principal solicitor, Althea Willis, so you may be assured that you are dealing with someone with an appropriate level of knowledge and experience. Contact Althea today to make an appointment on 0410 485 277 or althea@hornsbywillsandprobate.com.au

A lot of personal information needs to be collected as part of the estate planning process.  Hornsby Wills and Probate takes your privacy seriously and has a documented privacy policy dealing with how your personal information will be treated.

Procedures taken to protect your privacy include:

1. Proper and prompt filing of all documents.
2. Keeping files in locked filing cabinets.
3. Shredding any papers containing personal information prior to disposal.
4. Ensuring that information held on our computer systems is adequately protected by:
   1. Taking advice from cyber security experts Vertex Technologies Pty Ltd (vertextech.com.au) to protect data held on our office computers.
   2. Utilizing cloud data storage only via our practice management system provider LEAP (https://www.leap.com.au/information-security-policy).
5. Use of appropriate confidentiality agreements.
6. Keeping an up to date Privacy Policy and, where required, ensuring adequate training is provided on the same.

Our full privacy policy is available on request.

If you have questions about how we deal with your personal information, please contact Althea on 0410 485 277 or althea@hornsbywillsandprobate.com.au

If compliance with the Privacy Act 1988 is of concern to you or your business, you can contact us for advice.   We can assist with drafting, implementing and auditing privacy procedures as well as dealing with breaches and complaints.

While it is possible to prepare a valid will for yourself, it is almost always better to retain a solicitor to assist you.  Home-made wills, even ones made with a will kit, generally only work well if circumstances at your death are exactly as you expect.  If something unanticipated occurs, a home-made will may not work in the way that was intended and in some cases can be totally ineffective.

Technical issues with home-made wills can often be resolved after the fact (for example if the will has not been signed correctly) however, problems can also arise with interpreting the will.  This can put families in a position where they are forced to apply to the Court for directions about how the will works in relation to certain items or people.

A solicitor who is experienced in drafting wills can ensure that:

1. Your will is capable of working in a number of different situations.
2. You have named an executor who will be charge of gathering up your assets, paying your debts and transferring the rest to your beneficiaries.
3. Minor beneficiaries are adequately provided for by:
   1. Appointing a testamentary guardian; and
   2. Setting up a properly working trust for their inheritance with someone of your choosing in charge of it.
4. The document meets the technical requirements for a will, is signed correctly and that the words used in it will work the way they are intended to.

If you want to make an appointment to discuss your will, or any other estate planning matters, contact Althea at Hornsby Wills and Probate on 0410 485 277 or by email:   althea@hornsbywillsandprobate.com.au