What is a will?

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A will is a legal document that sets out your wishes for the distribution of your assets after your death. Having a clear, valid and up-to-date will is the best way to ensure that your assets are protected and are given away in accordance with your wishes.
Making a will is a positive step you can take to:
- Provide for the people you care about;
- Leave specific gifts to certain people;
- Appoint a person to carry out the instructions in your will (your executor);
- Leave any other instructions you may have (for example, funeral arrangements);
- Make gifts to charity (if you wish); and
- Express your wishes about guardianship of children after you die.
Why should I make a will?
If you die without a will, you don’t have any say about how your estate is distributed. If you die without a will (known as ‘dying intestate’) the law sets out how your estate is divided and who will receive what from your estate.
Who can make a Will?
Anyone over 18 can make a will as long as they have mental capacity. Sometimes, and in some cases, children under 18 can make a will. Wills can be made by the courts for people who do not have capacity to make a will themselves. Also, it is important that your intentions are expressed clearly, and that your will is legally valid.
If you would like further information about making a will, please contact our Wills and Estates team at CRH Law on 07 3236 2900 or enquiry@crhlaw.com.au.