Writing a Will

Writing a Will

Do you have a will?  Do you need a will? What happens if you die without a will?


These are all very important questions a solicitor can answer. A will is a legal document that names the people you want to receive the property and possessions you own at the date of your death. A valid will is one that has been accepted by a court and put into effect by a grant of probate.


Linda Emery & Associates ensures your will is properly drawn, signed and witnessed. She will make sure your wishes are clearly expressed and advise adequate provision for your spouse, de facto partner, children, former spouse, dependants and any person with whom you are living in a close personal relationship is made. Without an adequate provision for those whose long term welfare is your responsibility, they could legally make a claim to cover their maintenance, education or advancement of life.

Linda Emery & Associates

If you do not have a will, the legal procedures are more complicated and time-consuming and may cause expense, worry and even hardship to your family. The estate law provides a formula which sets out who is entitled to the property of a deceased person who has not left a will. The formula may not distribute your assets in the way you would have wanted.


You should appoint in you will a person called an executor to handle your affairs after you die. You can choose anyone to be your executor, but you should first ask them if they are prepared to take on the task and confirm with them that they have been appointed. You should consider making a new will if you separate, divorce or remarry. The original document should be kept in safe custody and your executor notified.

Have you been left out of a will?

The Succession Act 2006 (formally The Family Provision Act 1982) clearly sets out the categories of eligible persons who can make a claim against and contest a will, provided you can clearly establish reasons as to why you should be considered a beneficiary in the Will of a deceased estate. Challenging under the Succession Act is often a lengthy and detailed process. This is a very sensitive area of law and it is important that time limits are met. It can be stressful to deal with these problems on your own, our friendly and experienced team can guide you through making a claim in order to achieve the best possible outcome.