[VIC] Recommend a lawyer to prepare a simple will

Discussion in 'Wills & Estate Planning' started by rizzle, 20th Jan, 2020.

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  1. rizzle

    rizzle Well-Known Member

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    Melbourne located ideally.
    It's a simple will with no trusts, no businesses, no children or future children.
    Budget is the main priority (but I don't trust the cheapo will kits).
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Are you in a Union?
    They often offer free access to a solicitor for a basic will.
     
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  3. rizzle

    rizzle Well-Known Member

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    I'm not, but thank you I was not aware of this.
     
  4. thatbum

    thatbum Well-Known Member

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    Terry will probably have a heart attack I'm suggesting this, but have you considered just going with the intestacy rules for your state?

    Cheapest "will" there is. And jokes aside, might be all you want anyway.
     
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  5. Ross Forrester

    Ross Forrester Well-Known Member

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    The Salvation Army have wills and estate days. They can help.
     
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  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I thought about this too. Sometimes the intestacy rules are safer than a 'cheapie'
     
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  7. Marg4000

    Marg4000 Well-Known Member

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    One simple thing you can do for free is to nominate a binding death beneficiary to your superannuation.
    Most superannuation has life insurance attached, so the payout is often far higher than the balance, and an often overlooked asset.
    “I don’t need a will, I don’t own much”!
    For a younger person it can be a few hundred thousand and forms the major part of their estate.
     
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  8. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Most people have no idea about a valid BDBN. When and when it is invalid, lapsing issues and formalities required for it to be compliant. It is not something to set and forget and can be more damaging than a will. Not unusual for the beneficiary to face 17% tax.

    The other option could be a death benefits super trust. Doesnt go to the dependants OR the estate.

    s10, s59 SIS Act
    Reg 6.22. 6.17A SIS Regs
    Munro's Case (Munro & Anor v Munro & Anor) is a example of concerns for a smsf which is very different to all other types of funds. Munro was one of Australia's leading deed drafters and he had a smsf of his own creation and document developed as a skilled practitioner. And stuffed the binding nomination in the process.
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    This case was about a different Munro to the one you are thinking of - Barrie
    [2015] QSC 61 - Munro v Munro

    He got into trouble because he went to a financial planner for legal advice.
     
  10. MWI

    MWI Well-Known Member

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    Yes so true, many don't use specialist and experts and don't realise sometimes what they read they cannot apply as their SMSF Deed does not allow it too (may need updating when rules change).