Wills & Powers of Attorney2019-09-11T21:15:29+10:00
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  • Couple means two people, making their wills at the same time, who are in a relationship with each other (married, or defacto). Single means one person making a will, irrespective of relationship status.

Wills & Powers of Attorney

From $340 + GST for singles and $640 + GST for couples.

No one likes to think about their own death, it’s true.

We all prefer to think that we’ll be forever-young, that our children will eventually love each other and we’ll never get sick.

While there’s nothing wrong with a bit of good, old-fashioned Aussie optimism, have you ever paused to consider how much you’re really prepared to bet that “she’ll be right”?

Especially when you’re no longer around or are unable to make your own decisions.

Having a will and enduring power of attorney not only gives you peace of mind, it also makes everything so much easier for your loved ones. Even if you’re not worried about the risk of dispute, loved ones need space and time to grieve and that can become impossible if the deceased’s last wishes were unknown or unclear or if legal issues arise.

Stop putting off writing your will!

Everyone over the age of 18 years should have a will and it is especially critical after you have children. Send yourself a free, instant quote and get it sorted today. 

We offer two fixed-price options – a standard wills service and a premium wills service – which you can read more about below.

For those more complicated situations, we tailor our service and pricing with a custom quote. 

Namadgi Legal wills clients* are automatically eligible to receive a 10% discount on any ACT or NSW residential conveyance (sale, or purchase) or family law transfer transaction completed within six months of signing a Namadgi Legal will or enduring power of attorney.

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*Not available in conjunction with any other offer or discount.

What is a standard will?

In a standard will, the will-maker:

  • Appoints one or more ‘primary’ executors being a spouse, adult child or trusted other (or any combination of the above).
  • Appoints one or more ‘alternate’ executors being an adult child or trusted other (or any combination of the above).
  • Where applicable, nominates a preference for one or more trusted persons to act as guardian of minor children.
  • If in a relationship (married or defacto), gifts the whole of the estate to the spouse and then equally to children (if any) or otherwise equally to friends or relatives.
  • If single, gifts the whole of the estate equally to children (if any) or otherwise equally to friends or relatives.
  • If a named gift recipient (beneficiary) has died the gift will pass to that beneficiary’s children (if any).
  • Where appropriate, expresses a preference for burial or cremation.

Please note that a standard will is not appropriate for blended family units (that is, where the will-maker or his/her spouse has children from a previous relationship).

The enduring power of attorney (where selected) will mirror the appointments in your will and the enduring power of attorney will not include any complex advance care directives.

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What is a premium will?

A premium will has added benefits: 

  • Two appointments with a qualified solicitor who will provide tailored advice in relation to your personal situation.

  • Full flexibility to appoint any number of related or unrelated people to act as your ‘primary’ or ‘alternate’ executor.

  • Full flexibility to gift your estate to any person or combination of people in equal or unequal proportion and, if you wish, to include specific monetary or non-monetary gifts. For example, a charitable legacy or specific gifts of sentimental items such as jewellery, artwork or family heirlooms.

  • Where appropriate, you will receive advice about how best to address any ongoing family disputes and/or to appropriately implement any decisions not to provide for a spouse, child or other dependant.

We will also assist you to complete death benefit nominations for retail and industry superannuation accounts.

You will also have full flexibility in relation to your enduring power of attorney (where selected) including as to complex advance care directives.

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What services are additional?

Our additional services include:

  • Any complexities – such as testamentary discretionary trusts, protective or special disability trusts and rights to reside – which do or may require very close and careful attention by our skilled legal practitioners.

  • Preparation of death benefit nominations for self-managed superannuation.

  • Time spent reading and considering ancillary documents (e.g. family trust deeds and/or business succession documents).

  • Time spent liaising with your other professional advisors (e.g. accountants, financial planners) to, for instance, obtain copies of documents, clarify structures or collaborate to resolve the overall estate plan.

  • Time spent drafting any deeds or other documents complementary to your overall estate plan. For example, deeds of appointment (or similar) to effectively pass control of discretionary trusts.

  • Travel and waiting time for home or hospital visits.

  • Registration of original powers of attorney with Access Canberra or NSW Land and Property Information.

  • Except as specifically allowed for, time spent reading, considering and responding to questions by telephone or by email.

  • Long-term safe custody storage.

These additional services are not included in your fixed-fee quote. We will discuss our fees for additional services with you on a case-by-case basis as required.

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Frequently Asked Questions

I’m getting married. Do I need to change my will?2019-07-04T17:01:35+10:00

Yes, absolutely! Marriage will automatically revoke a will unless special words are included. Marriage is a happy and significant milestone. As with all significant life changes – like the arrival of children, buying or selling major assets – it is wise to take the time to make or update your will.

Do you offer safe custody storage?2019-07-04T08:58:36+10:00

Yes, we do! Terms, conditions and fees apply.

Is the standard will service suitable for me?2019-07-04T09:03:52+10:00

Our standard will service is only intended to be used in uncomplicated, low-risk situations.

When you become our client for a standard will, you will be asked to complete a secure, online smart-form. Several of the questions the form asks are designed to assist our expert wills lawyers to understand your personal situation. Once we receive your answers, one of our expert wills lawyers will read your answers and contact you if any issues arise and recommend that you upgrade to our premium service. Including for this reason, it is important that you take time to ensure that the information you supply is complete and accurate. You are able to save progress with the form and return to complete is later, and you will have the opportunity before you submit the form to revise your answers. We do not offer a refund or replacement if information you supply to us is inaccurate.

Examples of when the standard will service usually will not be suitable include (but are not limited to) where:

  • you have a second or blended family;
  • you require advice on family disputes or family provision;
  • you require advice on guardianship or require guardianship guidelines for minor or disabled adult children;
  • some other complicating factor exists, such as: you have self-managed superannuation; you are a director of or shareholder in a private company; you control or receive a benefit under a discretionary or family trust; or you own assets overseas.
I’m about to go overseas – how quickly can you help me?2019-07-04T16:46:55+10:00
At Namadgi Legal, we use technology to make everything quick and easy.
Our standard will service has two convenient steps:
(1)   You complete a secure, online smart-form from the comfort of home or (if you’re sneaky) work ().
(2)   You attend a single, 30-minute appointment with an expert wills lawyer at our office in Page, ACT (plenty of free parking, ground floor).
Sometimes there may be one or two quick emails or phone calls in between.
Normally we ask for 2 clear business days lead-in between the time when you submit your form and your face-to-face appointment. However, if you can be quick to provide us with the information we need then we can be quick too. Please be sure to let us know you’re under a deadline, by emailing us at [email protected] or phoning us on +61 (0) 2 5104 3110 (press option 1 for reception). We won’t know, if you don’t say.
Do I need to update my will after I divorce or separate from my spouse?2019-07-04T16:55:33+10:00

It is wise to keep your personal estate plan in mind as your circumstances change. Significant life events – such as separation and divorce – are usually a good time to consider creating or updating a will.

In the Australian Capital Territory and New South Wales, legislation operates to revoke gifts to and appointments of former spouses, civil partners or civil union partners in some circumstances. There are, however, important exceptions.

Separation and/or divorce also does not by itself prevent a former spouse, civil partner or civil union partner from making a claim for provision from a deceased estate or a claim for payment of superannuation death benefits.

It would be prudent to update your will, just in case.

Please note that our standard will service will not be suitable unless you have formally settled (or about to formally settle) your property affairs with your ex. Ditto if there is a possibility of future children with a different partner.

Can I upgrade from a standard will to premium will?2019-07-04T08:55:07+10:00

Yes, you may do this at any time by emailing [email protected].

I made a will about 10 years ago. Is it still valid?2019-07-04T16:54:08+10:00

Woah, 10 years ago!

You were probably still living at home then. No one you knew had kids. You were footloose and fancy free. Uber meant ‘cool’ not ‘car’ and if you could afford two pints with your $5 pizza at the pub on Tuesday you were laughing.

Or, maybe that was just us.

Seriously, even if your will is still valid, 10 years on it’s definitely time for a face-lift. Hop to it.

I have a quote from another law firm. Why are your fees different?2019-07-04T09:05:50+10:00

Namadgi Legal offers three levels of wills service. Our price is different for each level of service and your written quote details what is and is not included.

We are always happy to discuss our pricing, and we don’t mind if you shop around, that’s normal. However, we cannot comment on what other law firms propose to charge you unless we know that we are comparing apples with apples.

We recommend that you ask the other law firm to provide you with a written quote explaining what is and is not included in their pricing. Once you have that, please contact [email protected] with your specific questions.

How do I pay?2019-07-04T08:56:51+10:00

Full electronic payment for standard wills is required at the time of your solicitor appointment.

Premium wills clients are required to pay the full amount of our quote electronically into our trust account after their initial solicitor appointment. We will issue two invoices and draw payment from this trust payment as follows: 50% on release of draft documents; and 50% one calendar month after release of draft documents or upon their execution (whichever is earlier).

Please note that we do not accept cash.

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  • Couple means two people, making their wills at the same time, who are in a relationship with each other (married, or defacto). Single means one person making a will, irrespective of relationship status.

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