Do You Need to Review Your Will?

by Stuart Naylor

July 17, 2012

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From time to time we remind clients of the need to update their Will, or the need to make a Will if they don’t already have one.

There are a number of reasons why it is important that your Will be reviewed on a regular basis – about once every 5 years is normally adequate.

Some of the reasons why it is necessary to review your Will include:-

  1. Are the Executors appointed still appropriate – there may have been a change of circumstances – the appointed Executors may be aging or your own children may now be adults and you may wish to consider appointing your children in place of other relatives or friends as Executors.
  2. Over time your property will usually change. If there is a change of circumstances such as the formation of a new Family Trust or Company this will often require some changes to your Will. For example, if a Family Trust has been established whilst the Trust property will not form part of your Estate your Will can be used to control who replaces the Trustee. Another change of circumstance that could be particularly relevant to many of our rural clients is the need to deal with water entitlements which in many cases are no longer attached to the land but are a separate piece of property.
  3. Your own personal circumstances may have changed.

Ideally your Will should be up to date and reflect your current wishes. One mistake many people make in putting off reviewing their Will, or in deferring the decision to make a Will is to think of it is something that is only required down the track rather than focusing on having a current Will dealing with your circumstances as they are today.

If you think you may need to review your Will, or make a Will if you do not have one, contact any of the Solicitors at Macrossan & Amiet who can assist with this.

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About the author

Stuart Naylor

Managing Director

LLB, BCom

Stuart Naylor commenced working at Macrossan & Amiet in 1996 after having completed Bachelor of Commerce and Bachelor of Laws Degrees. Stuart became a partner in the firm on 1 August 2004.  Stuart has experience in a wide range of litigation including damages claims for negligence and breach of contract, property disputes, building and construction disputes, professional negligence claims, and employment matters.

Stuart lives in Mackay with his wife, Debbie and three daughters, Brooke, Reese and Kaitlin.  Outside of work Stuart is a director of the Whitsunday Anglican School and the Secretary of Macrossan & Amiet Charitable Foundation.

About Macrossan & Amiet Solicitors

For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.

Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.

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