If you pass away without a Will, your assets may not be distributed according to your wishes. In such cases, the law in your state or territory will decide how your estate is divided, which might not align with your preferences. It's important to create a Will to ensure your legacy is left exactly how you intend. 

The best way to ensure your assets go where you want is by having a Will. Even if you think you don’t have much to leave behind, dying without one can cause complications for your loved ones, leaving them to navigate a legal process that may not reflect your wishes. Writing a Will brings peace of mind, knowing that your legacy will be handled as you intended. 

Everybody. If you're over the age of 18, it's important to have a Will in place. 

To ensure your Will is valid, it must meet four key requirements: 

1. Capacity: You must be over 18 and of sound mind. 

2. Intention: It should be clear that you intend to create a Will, free from pressure. 

3. Knowledge and approval: You must understand the contents of your Will. 

4. Formalities: Your Will must be signed and witnessed properly. 
   

While Will kits are a cost-effective option for straightforward situations, a specialist estate planning lawyer can help ensure your wishes are carried out, especially if your situation is more complex. 

An executor is the person responsible for administering your estate according to your Will. It’s important to choose someone you trust, who is likely to outlive you, and consider naming a back-up executor. While an executor can be a beneficiary (such as one of your children), it’s generally advisable not to appoint multiple people as joint executors, as it can complicate the process. 

When deciding who to leave your assets to, first list the items you want to include in your Will, such as property, business assets, and valuables. You can gift specific assets, a percentage of your estate, or a residual bequest, which is what’s left after fulfilling other gifts. You can leave gifts to family, friends, or even an organisation, so it’s important to clearly outline your wishes in your Will to avoid any confusion or potential disputes. 

We understand that your loved ones come first. But as well as family and friends, you can also include organisations – such as charities – in your Will. 

If you'd like to leave a gift to charity in your Will, you can specify exactly how you'd like your donation to be used, for example, to support a particular program. Charities often provide specific wording to ensure your gift is directed according to your wishes, and you can also allow them discretion to use it where most needed. It's important to include clear instructions to avoid any confusion. 

Thank you for choosing to include Love Mercy Foundation in your Will. Please use the following wording: 

“I give and bequeath to Love Mercy Foundation Ltd, 768 Old Princes Highway, Sutherland NSW 2232, ABN: 71 142 069 645: (a percentage), or  (a specific sum or piece of property), or (my whole estate), or (the residue of my estate) to be used for its [general purposes] or [a specific program] and I further direct that the said bequest shall be paid free of all taxes and duties and for which the receipt of the Treasurer or other officer shall be sufficient discharge to my Executor.”