Needing to make changes or review your Estate First estate plan?
You have spent time and money crafting a robust estate plan, but like anything of value, you need to keep it maintained if it is to do the job you want it to.
The law has strict requirements on how Wills, Enduring Powers of Attorney and other testamentary documents are worded, the format that they are kept in (hard copy) and how they are signed and witnessed. Failure to follow these very formal rules can put your estate wishes in jeopardy and cause significant expense after your death.
Remember – you will not be around to fix it!
Talk to Us Today
Please complete the form below. Alternatively, you can call us on 1300 132 567.
Is it time for a Review?
Whether you are wanting to make changes to your estate plan or just want the assurance of knowing everything is still up to date and in order, this educational video will inform you on what is involved, when a review is important and the tried and true legal process you can expect when you come back to review your Estate Plan.
Presented by Ann Janssen, Accredited Specialist in Succession Law, Founder and Divisional Head of Estate First Lawyers.
You should review your Estate Plan every five years or sooner if you have experienced major life changes, including:
Changes to wealth structure or significant assets
Moving to another state (as laws can differ)
Changes to you or your family’s circumstances (e.g., marriage, divorce, birth of children/grandchildren/bankruptcy/deaths/incapacity of executors or beneficiaries, your health issues, etc)
You can always come in for a ‘check up’ even if you think that everything is ok. If in doubt as to whether you need a review, please contact us.
Is making a minor change to my Will or Enduring Power of Attorney a straightforward process?
No, it isn’t!
Small changes can have a big impact – and they can impact a number of documents. For example, if you wish to reduce a child’s gift in the Will, the child may have a greater chance of an estate claim. If you want to replace an executor, maybe due to age or incapacity, they may have other roles, such as an attorney in your Enduring Power of Attorney. These seemingly harmless modifications can have significant legal consequences. Name changes due to marriage or divorce may also be critical.
Legal rules for re-signing must be followed – even if your change is very straightforward, your Will, Enduring Power of Attorney or other legal document will need to be re-printed and re-signed and witnessed in compliance with the legislative requirements to ensure that it is legally valid. ID and capacity checks must also be recorded.
You should not make changes by hand to your Will or other testamentary document. This will cause your Will to be ‘proved’ before the Supreme Court after you die to determine whether such changes were meant by you to have testamentary effect. This in turn will cause significant expense and time delays in administering your estate.
What is the process if I want to make changes/have a review?
Any proposed changes to your estate planning documents or assessment of whether those documents are still current for your circumstances, requires a formal review with one of our estate planning lawyers.
Here are the steps:
You will meet with an estate planning lawyer in person or via Zoom/Teams
Your lawyer will have conducted a preliminary review of your documents and situation
Discuss with you any changes you wish to make or which are being recommended
Provide you with a written quote
If you proceed, your lawyer will draft the changes to your Will/other testamentary documents
You will meet with your lawyer to sign and witness your new document (optional – you can choose to have the document posted to you)
Important: Updates or changes cannot be made via phone or email due to legal requirements including identification, capacity check and any undue influence considerations.
There are costs involved in ensuring that your estate plan will be effective to deal with your wealth in the way you want it to after you pass away or if you lose capacity.
Estate First charge a small pre-meeting review fee. Meetings are conducted at the lawyer’s hourly rate. Both fees will be disclosed to you in your appointment confirmation correspondence.
Your lawyer will provide you with a fixed quote for conducting the work you agree upon at the end of the first meeting.
The fee will vary depending on the complexity and volume of work entailed. You are under no obligation to proceed with any work. If you do not proceed, you will only pay for the pre-meeting review and cost of the meeting.
Our Client Liaison Team will always try to accommodate requests to see the same lawyer. However, please note:
All of our lawyers are career dedicated estate planning lawyers with the experience and qualifications to provide you with a first class service
Your previous lawyer may no longer work with us
We have kept records of your prior meetings and documents, so your new lawyer can acquaint themselves with your file.
All legal documents and records are securely stored within our firm, ensuring your privacy and a smooth transition if you are assigned a different solicitor.
Where is my original Will and other estate planning documents kept?
If you are a client of Estate First, you have access to our LegalSafe program, which provides you with secure storage and recording of your original estate planning documents, including your Wills, Enduring Powers of Attorney and other testamentary documents. This service is exclusive to Estate First clients. To check that we hold your documents, please contact us. To find out more about the LegalSafe program, go estatefirst.com.au/legalsafe.
Testimonial
"Estate First were recommended by our financial advisors – the process of updating our wills and power of attorney documents was easy and straightforward with plenty of advice and discussion about things we were not sure of. We appreciate their help in facilitating a not particularly pleasant process in such a friendly and helpful way."
Richard and Ansie B
Testimonial
"Really, I had little understanding of the way in which wills work and don’t work. Our lawyer was a delight to work with. Nothing was too much trouble for them and they went to great lengths to answer our questions and ensure our understanding of everything. My husband and I have a peace now about what we leave behind for our family."
Margaret G
Testimonial
"This is the third time I’ve done my estate planning in 15 years and by far the most efficient, professional and genuine not to mention thorough! I’ve recommended Estate First Lawyers to others and will continue to do so. It was a seamless process and for busy people like me it was made easy. I received really valuable advice and different options."
Suzie M
Testimonial
"The services provided by Estate First Lawyers in updating our wills has been transformative. Their specialist in depth knowledge and advice has given us greater protection in safeguarding our family estate. Best of all their advice has provided us with a greater peace of mind knowing our new wills are now fit for purpose."
GJF
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Is it time for a review?
There is no constant except change. You may have a change in assets or in your relationships. Perhaps you have welcomed a new child or grandchild into your family or your children’s lives may look different since you last did your estate plan.
Contact us to make an appointment. We will review your estate plan in light of your current circumstances and recommend any changes that need to be made to keep your estate plan current and strong.
Estate First Lawyers are rated 5/5 based on 4 reviewsEstate First Lawyers
Find out more or request a fixed-fee consultation
Fixed Fee Consultation for up to 1.5 hours:
$350+GSTAustralia Wide
Talk to us for a no obligation free chat. If you are requesting an appointment, there is no fee required up front. You will be billed after your consultation.
If you proceed with a new Will after the meeting, the $350 + GST fee is absorbed into the Will price.
Important Covid-19 Message: We Are Here To Serve You
Estate First Lawyers is open for business, and we continue to assist our clients with their estate planning needs. Your safety, security and wellbeing are our priority.
We are able to meet with you face to face, and can witness your documents at our main office at Toowong, our Brisbane CBD office or on our regular visits to Sydney, Melbourne and Qld regional centres.
Alternatively, you can access our increasingly popular virtual service. We meet with you via Zoom for your initial appointment to fully discuss your estate planning or estate administration matter and provide you with our recommendations and a fixed fee quote.
Our virtual meetings are getting great feedback and it means that you can get your Wills, Enduring Powers of Attorney and other estate planning documents done from the comfort of your own home quickly and at the same quality service level that we are renowned for.
You do not need any software – we simply send you a link to the virtual meeting in an email. Our processes over the Internet are encrypted and meet a high level of security standard in line with Queensland Law Society guidelines.
Please feel free to contact us to make an appointment or with any questions by phone or email.
