bouncingkanga Posted January 9, 2015 Share Posted January 9, 2015 Interesting point. Conveyancing and wills / probate are two non contestual areas of law in which fees differ significantly and it pays to shop around. Australia is no different from the U.K. in this regard. I am seeking a legal exec (does not have to be a lawyer) in the Hornsby (city area) to take my will made in the U.K. and register it here in NSW. I have no changes to make save for the names of the executors as they don't live in Australia.This should be a very simple procedure. Anyone know of a reasonbley priced lawyer in hornsby, please let me know as the quote I just received was around $2000.00 which is extortionate. Quote Link to comment Share on other sites More sharing options...
blossom Posted January 9, 2015 Share Posted January 9, 2015 I've moved your post to a thread of it's own, as the one you had posted on was four years old and the people talking on it haven't been around for a long time. $2000 does seem extortionate! The post office sells kits. I've not looked at them (but should as I now have a baby). Quote Link to comment Share on other sites More sharing options...
Phoenix16 Posted January 9, 2015 Share Posted January 9, 2015 (edited) this post got me thinking!! Sorry don't want to hijack it in anyway but we made a will in Uk when our daughter was born leaving everything to each other, we weren't married, we married the day before we flew out and had our daughter re registered and a new birth certificate issued the morning we flew! ( apparently you have to do this, can have inheritance issues, or so we were told???) we have never made a new will as a married couple, could we have issues if the worst case scenario occurred?? (Put ourselves through the pain of defacto proof then made it legal just before we got on the plane!!!) Edited January 9, 2015 by Phoenix16 Quote Link to comment Share on other sites More sharing options...
Phoenix16 Posted January 9, 2015 Share Posted January 9, 2015 PS no children from previous marriages etc to consider, it's just the 3 of us... Quote Link to comment Share on other sites More sharing options...
Johndoe Posted January 9, 2015 Share Posted January 9, 2015 No need for a lawyer at all. You can buy a simple will at a newsagents or download one as I have done as it's easier to type on a downloaded one than it is to handwrite the ones sold at newsagents. I made 4 copies and lodged one each with my executor and alternate executor (should the primary default for some reason) and one each with my two sons (benficiaries). Anyone can witness the will Quote Link to comment Share on other sites More sharing options...
Skani Posted January 9, 2015 Share Posted January 9, 2015 and register it here in NSW. I can't help with recommending a legal practitioner but have had dealings with wills and estate lawyers over the last few years and was told there is no pre death registration of wills in Australia. Unless this is something recent in NSW? Quote Link to comment Share on other sites More sharing options...
Skani Posted January 9, 2015 Share Posted January 9, 2015 (edited) we have never made a new will as a married couple, could we have issues if the worst case scenario occurred?? I would seek legal advice in your situation as I believe a will is automatically revoked on marriage....in which case you no longer have a will, even though your wishes haven't changed. In any event, it is recommended that you make a new will following any major life change - and that would include moving to a new country as well as marriage. Edited January 9, 2015 by blossom Fixing quote Quote Link to comment Share on other sites More sharing options...
bouncingkanga Posted January 11, 2015 Author Share Posted January 11, 2015 Hi Yes, I don't not use forums very often and am inclined not to notice the dates as I still receiving replies to posts I put on 10 years ago! I am an attorney but not qualified in Australian and I still call them sharks. The kits are not wills, as such and as my mother has a will overseas so now she lives here I would need a supreme court order to validate it, not something I feel like spending time and money on. I've now found an attorney who can prepare one for AUS$275.00 including GST so I am opting for that one. It's a reasonable price to charge and above all, legal. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 11, 2015 Share Posted January 11, 2015 (edited) Australia is no different from the U.K. in this regard. I am seeking a legal exec (does not have to be a lawyer) in the Hornsby (city area) to take my will made in the U.K. and register it here in NSW. I have no changes to make save for the names of the executors as they don't live in Australia.This should be a very simple procedure. I'm a bit confused about this. The Wills Register in NSW is closed and not accepting any new registrations. If you're worried about people not finding your will, the safest approach is to go to the NSW Trustee & Guardian and lodge the will with them. It costs nothing. The condition is that you must use them to administer the will when you die (i.e. you can't use your own solicitor). As your executors aren't in Australia, that would probably be a good idea anyway. My mother-in-law died a few years ago and her will was with them - their fees were reasonable and their service was very professional. Edited January 11, 2015 by Marisawright Quote Link to comment Share on other sites More sharing options...
bouncingkanga Posted January 17, 2015 Author Share Posted January 17, 2015 That is a very odd reply. Anyone living in Australia can have a new will drafted and enter a revocation clause so that any previous wills are obsolete. The tough part is only finding a reasonably priced lawyer. I wouldn't use NSW Trustee and Guardian as they take a good slice, so better to nominate your own executor who do not. A Wills register has nothing to do with it. I've just had a will drawn up by a local lawyer and all it cost was $275.00,(GST inc), so no longer an issue and I have a certified copy. I'm a bit confused about this. The Wills Register in NSW is closed and not accepting any new registrations. If you're worried about people not finding your will, the safest approach is to go to the NSW Trustee & Guardian and lodge the will with them. It costs nothing. The condition is that you must use them to administer the will when you die (i.e. you can't use your own solicitor). As your executors aren't in Australia, that would probably be a good idea anyway. My mother-in-law died a few years ago and her will was with them - their fees were reasonable and their service was very professional. Quote Link to comment Share on other sites More sharing options...
Skani Posted January 17, 2015 Share Posted January 17, 2015 A Wills register has nothing to do with it. . You were the one who wrote to take my will made in the U.K. and register it here in NSW Quote Link to comment Share on other sites More sharing options...
bouncingkanga Posted January 25, 2015 Author Share Posted January 25, 2015 You were the one who wrote uh you nego haspa legal terminology Quote Link to comment Share on other sites More sharing options...
IrishDigger Posted January 25, 2015 Share Posted January 25, 2015 (edited) Anyone living in Australia can have a new will drafted and enter a revocation clause so that any previous wills are obsolete. The tough part is only finding a reasonably priced lawyer. I wouldn't use NSW Trustee and Guardian as they take a good slice, so better to nominate your own executor who do not. A Wills register has nothing to do with it. I've just had a will drawn up by a local lawyer and all it cost was $275.00,(GST inc), so no longer an issue and I have a certified copy. I agree with the above, if you appoint say the NSW Trustee or other State equivalent as executor they will take a % of the estate, best advice is to have your Will drawn up by a local lawyer and appoint a member of your family as executor or a lawyer who will accept a set fee and not a % of the estate. Based on my personal experience, stay well away from Will Kits they are fraught with danger, one false stroke of the pen and it would be rendered invalid. My father used a Will Kit and stroked out the wrong word, on his death the Will was declared invalid and I spent over $2000 on legal fees seeking a Grant of Letters of Administration from the Supreme Court. Edited January 25, 2015 by IrishDigger Quote Link to comment Share on other sites More sharing options...
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