You can create your Will anywhere, anytime. Having a legally recognised Will is a key component of achieving financial wellbeing as it provides unparalleled peace of mind when it comes to securing the future of your loved ones.

Will is a legal document that specifies your wishes regarding the care of your children, properties, pets, and other valuable belongings after your death. Having a Will allows you to have your say!

Remember: if you pass away without a legally recognised Will, the appropriate State Trustee may be able to charge a fee of up to 5.5% of the gross value of assets of your estate. (In some instances, this may be more or slightly less depending on your State or Territory.)

Will provides peace of mind for your loved ones at an immense time of mourning. You have the opportunity right now to minimise family stress by ensuring you have a legally recognised Will in place.

It is essential that your Will can be located when the time comes and we recommend you share a copy of your Will with your Executor, accountant, trusted friend or family member.

You can make changes to your Will as your circumstances change.

How much does a will cost?

The cost involved in writing a will depends on whether you are going through a lawyer, a Public Trustee or doing it yourself using a kit. A lawyer written will can cost anywhere between $400 and $3,000 depending on the complexity. However, Will kits available from Post offices, Newsagents and online can be bought for as little as $30. Will is only a part of your estate plan and there are other components,such as superannuation, enduring power of attorney and advanced health directives or health attorneys which a person needs to address and the Will kits don’t open your eyes to these facts. Hence, it is always a good idea to get it checked by a Lawyer or Public trustee to make sure it is valid.

Create your online Will for as little as $89.95 plus GST with Your Wills and by quoting our promo code APA30 you get a 30% discount. Click here to start your Will with Your Wills.

This is how each step of the process works

  • Select your State or Territory
  • Fill in the required personal details
  • Nominate your Executor(s)
  • Create a list of all your assets and liabilities
  • Nominate guardianship for your children (if they are minors) (not binding, but provides your family with your wishes)
  • If you have a pet, specify a pet carer
  • Leave a gift in your Will to the person(s) and/or charity of choice (optional)
  • Decide how you would like your estate divided. This is called Residual of Estate.

Why Should I have a Medical Power of Attorney?

The appointment of a medical decision maker may not be at the forefront of your everyday thinking, however, an orderly approach to medical responsibility and care sees families and individuals guided in times of uncertainty and hardship. For others, the decision to appoint a medical decision maker represents a proactive step to ensure peace of mind for future and uncertain possibilities

What is a medical decision maker?

 Each state and territory is governed by different legislation, which is why different Wills use different names for a medical decision maker in each state and territory. You will find brief explanations of the terminology for each state and territory below.

A medical decision maker is a trustworthy individual of your choice appointed by you to make medical decisions on your behalf.

Your medical decision maker will be consulted when it is determined that you do not have capacity to make important medical decisions yourself. This could include neurological disabilities, an intellectual disability, a mental illness, a physical disability or even unconsciousness.

A medical decision maker is appointed through a document executed by the person whose medical decisions will be made for them, if required. Details on those documents for each state and territory are set out below.

It is important to keep in mind that such an appointment document is not a Will and will not remain in force once the appointor is deceased.

 

Should I take this step?

 The reasons someone may decide to appoint a medical representative vary greatly, and there is no single directive for when an instrument appointing a medical decision maker should be used.

A number of factors may inform and guide this decision including situations where the person appointing a medical decision maker:

  • has a chronic illness or injury;
  • is elderly;
  • has declining health;
  • has a decided preference for who they want to make their medical decisions; or
  • engages in dangerous recreational activities with a greater risk of injury and hospitalisation.

It is important for each person to consider their individual circumstances in deciding whether a medical decision maker is appropriate for them.

The decision to appoint a medical representative ensures everyone, including younger sects of the population, can make proactive and informed decisions about the future of their health care.

In the absence of a medical directive or appointment of a representative, the law automatically appoints an individual to make these decisions for you. Having a Will in place will ensure that in times of illness or misadventure the individual that will make your medical decisions is clear. This ensures that in times of great difficulty, the focus is centred on your care and not contests for decision making priority. Your medical representative can be registered on My Health Record, a national online scheme that contains all your past medical history. This ensures that even when travelling interstate or internationally, you can access previous medical records and note who is your decision maker.

 New South Wales

In NSW, this individual is known as an Enduring Guardian. This individual is appointed by you to make decisions regarding your health and medical needs. You can appoint an Enduring Guardian if you are over 18 and have the capacity to make this decision.

This is done by executing a document known as an Enduring Power of Guardianship.

Tasmania

In Tasmania, this individual is known as an Enduring Guardian. You can appoint an Enduring Guardian by executing an instrument appointing an Enduring Guardian.

An instrument appointing an Enduring Guardian must be registered with Service Tasmania in order to have legal effect. If you are unsure of the registration process, we recommend you seek legal advice.

 Victoria

In Victoria, the individual you appoint to make these decisions is known as a Medical Treatment Decision Maker. You may appoint more than one medical treatment decision maker, however, only one person may make decisions at any given time. You can appoint one or more Medical Treatment Decision Makers by executing an instrument appointing a Medical Treatment Decision Maker.

 Western Australia 

In WA, this individual is known as an Enduring Guardian. You can appoint an Enduring Guardian by executing an Enduring Power of Guardianship.

Australian Capital Territory

In the Australian Capital Territory, this individual is referred to as a Guardian. You can appoint a Guardian by executing an Enduring Power of Guardianship.

Northern Territory

If you reside in the Northern Territory, this individual is known as a Decision-Maker. You can appoint a decision-maker by executing an Advanced Personal Plan.

Queensland

In Queensland, this individual is known as a Substitute Decision-Maker. You can appoint a Substitute Decision-Maker by executing an advance health directive.

 South Australia

In South Australia, this individual is known as a Substitute Decision-Maker. A Substitute Decision-Maker may be appointed by an advance care directive.