MJM Lawyers

MJM Lawyers Knowledge Base

It’s what you know.

Where and how to look for a Will

When a person dies, it is important to locate their most recent Will so that the executor can be notified and the estate administration process can begin. Usually a will can be found where other important documents are stored, such as in a filing cabinet or desk draw.

However, in some cases a Will may not be in the expected form.

A will can be, if the Court permits, anything from which sounds, images or writings can be reproduced with or without the aid of anything else, which records a person’s wishes about how they want their assets to be distributed after their death. For example, a Will can be: in soft copy only, stored on a computer; recorded on video or webcam; typed in the notes app of an iPhone; typed in a text message or written on a wall, just to give a few examples.

It is therefore very important in this digital age to check all places (both physical and electronic) where a Will or someone’s intentions about how their assets should be distributed, might be stored or recorded.

Even if a Will has not been signed or if it was not signed in accordance with all of the usual requirements (for example, in the presence of two independent witnesses), the Court can still declare it to be a valid Will if it is satisfied that the document was intended to be the person’s last valid will.

So, if you find anything that appears to record a person’s wishes about the distribution of their assets after their death, no matter what form it is in, you should seek legal advice about whether it might possibly be found to be a will. You should also take note and record, if possible (by photo or video) where you found it (and, if relevant, the other documents or things around it) and the condition it was in (if relevant).

Enquiries

For any enquiries, questions or comments, please call:

+61 2 8089 3139 

or contact us by email here

Sydney City Office

Level 21

133 Castlereagh Street 

Sydney NSW 2000

Pymble Office

Suite 2 Level 2, The Bureau

14 - 16 Suakin Street

Pymble Sydney 2073

E:   info@mjmlawyers.com.au

T: 61 2 8089 3139

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ACN 612 454 949. 

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What to expect when you visit our offices.

 

Our offices are designed to encourage you to feel calm and relaxed. We will listen carefully to your story before presenting some well-researched options to suit your situation. 

There is ample parking near our office and we are close to public transport and shops. 

We offer fixed fees where possible so that you will know in advance how much our services will cost.

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We provide regular information on different aspects of wills and estates law.  You can subscribe to our news feed here.

Our specialist legal practice at a glance.

 

Our highly trained practitioners are specialists in the following legal areas:

- Wills and Estate Planning

- Probate and Administration

- Resolving Wills and Estate Disputes

- Advising in relation to trusts 

- Powers of Attorney

- Enduring guardianship

- The affairs of incapable persons

We also specialise in listening. We understand that these matters can be distressing and we will give you the best advice possible for your circumstances.