3 Primary Parts of a Last Will and Testament.

What you want to happen with your physical assets, financial assets, and other heirlooms should be included in your Will. If you want certain assets to go to specific people, ensure that this is mentioned in the document.

Note that superannuation, life insurance policy proceeds, and interests as an owner or beneficiary of a trust aren’t necessarily covered in a Will. These usually have separate policies that deal with the disposition of assets. 



Keep in mind that you’ll also have to include any outstanding liabilities—mortgages, loans, and more. These liabilities will have to be settled before your residuary estate (referred to in Australian Wills as the “residue”) is distributed.

Your assets and liabilities aren’t the only things specified in a Will. Any specific wishes you may have regarding what happens to your body after your death should be mentioned as well. If you wish to be buried or cremated and have your ashes dealt with in a certain way, have your lawyer include this in the Will.



Specific requests also cover any dependents you may leave behind. For example, you can nominate guardians to take over care of your minor children.

At times, people choose to specify the timing of when their assets will be distributed as doing so gives them control over when their benefactors receive their inheritances under the Will.

This is most commonly used when a person making a Will wants their children to receive the benefit of the estate after they’re reached a certain age. This can be achieved through the creation of a legal instrument called a testamentary trust.

Choosing an Executor is a crucial part of creating a Will since the person (or people) you choose to be Executor are tasked with carrying out your wishes expressed in the Will in order to put your wishes into effect.

It is wise to make sure that the person you choose is somebody you trust and is willing and able to accept that responsibility. Executors of a Will have many duties that are important and often complex, so it's essential to choose someone you can trust and you know will act in good faith.

Writing your own Will with the help of a DIY kit from the post office or by downloading a document from a document company is possible but inadvisable, because it’s possible that if you do not get legal advice about the Will, your gifts to people may fail and you may be treated as partially or completely intestate (as though you had died without a Will).

Remember—a Last Will and Testament is a legal document and if it is incorrectly written, it may be invalid.

Working with a lawyer ensures that you receive tailored legal advice and a valid document that will be accepted by the court.

Andrew Byrnes Law Group are experienced Wills lawyers and estate planning lawyers and we offer Wills and estate planning services. We can meet with you or discuss your situation with you in order to provide you with the necessary advice you need to get started.

One of our Online Legal Services we offer is that for just $440.00 inclusive of GST we can help you put together your Will within 48 hours. All you need to do is attend a 15- to 20-minute online interview! You will then receive a detailed video advice from one of our lawyers taking you through the Will and how it works to make sure it meets your needs, and pointing out the consequences of the clauses. We can then make any necessary changes to the Will you want in order to make sure your Will is legally accurate.

Find out more about our estate planning services.