Wills and Estates

Preparation of your Will

When you consult Mason Westover Homburg about making your will we can discuss with you such matters as:

Who to appoint as your executors and trustees.
Who to appoint as guardians of your infant children.
What assets you can dispose of by your will.
What liabilities you need to provide for by your will.
Who you wish to benefit from your will.
Whether your wishes can be challenged.
The powers and directions you should give to your trustees.
Where to keep your will and who should know.
The costs involved
Probate and Letters of Administration

An experienced solicitor at Mason Westover Homburg can give you unbiased and objective opinions as to the way you should go about disposing of your estate.

Mason Westover Homburg serve clients throughout South Australia, particularly Murray Bridge, Mannum, and the Mid Murray including Swan Reach, the Murraylands including Karoonda, Meningie and the Coorong, Adelaide Hills, the Upper South East including Tintinara and Keith and Lameroo and Pinnaroo in the Southern Mallee as the region’s local solicitors and conveyancers.

Why make a Will?

By making a will with an experienced lawyer at Mason Westover Homburg you are exercising your legal right of directing to whom and in what manner your assets should be distributed. (Only by having a will can you be certain this will happen.) By having a valid will the administration of your estate including Probate matters much simpler.

Should you not have a will, Statute Law takes over and dictates the way in which your assets are divided. This could produce a result which may prove hardship to your family and be contrary to your wishes, as well as involving the complexities of obtaining a grant of Letters of Administration. Consulting an experienced solicitor at Mason Westover Homburg can help you avaoid this.

Who may make a Will?

Any person (married or single) over the age of 18 can make a will. You can alter a will at any time. If you have married, a will made prior to the marriage is no longer effective, except in certain circumstances, and you must make a new will. An experienced solicitor at Mason Westover Homburg can advise you in this regard.

Who should be my Executor?

Mason Westover Homburg can advise you on this selection. You do not have to appoint us. You may appoint members of your family, friends, professional advisors or a beneficiary to be an executor.

At Mason Westover Homburg experienced lawyers are available to assist your executor and can guide the executor as to what needs to be done to administer a deceased estate and the necessary steps to be taken, so it is not essential that your executor have any legal or business training.

What does a Will cost?

The actual amount depends upon the complexity of the will and the time required to advise you. Mason Westover Homburg will be able to give you an exact cost or at least an estimate.

At Mason Westover Homburg we have a scale of fixed charges which apply to routine wills, powers of attorney and powers of guardianship. Example from our current scale are ;

Wills for a couple $418.00

Wills & Powers of Attorney for a couple $583.00

Will for 1 person $220.00

Will & Power of Attorney for 1 person $330.00

A trustee Company including Public Trustee may prepare a will for you without charging, but in providing this service the Trustee Company requires that it be named as an executor/trustee of the will which entitles it to charge a commission for performing this function after your death, and these charges can be substantial, up to 7% of your gross estate.. At Mason Westover Homburg it is entirely up to you as to who you appoint as your trustee, but if you do appoint our experienced solicitors to act, the costs are usually less than 2%.

Beware of the 'Home made' Will

The 'do-it-yourself will' can more often than not be worse than no will at all and may in the end result in heartache and expense for those you leave behind. A will professionally prepared at Mason Westover Homburg will prevent such problems.

There are certain legal 'musts' which have to be followed when making a will and many 'home-made' wills fail wholly or partly because these are not observed. This can result in the will having to go to Court for interpretation and the Court could decide that someone other than the person you intend may receive or share in the benefit of your estate. Beware of the 'Do-it-yourself' Will Kit. The best insurance for your family is to have a will professionally prepared by an experienced lawyer at Mason Westover Homburg.

What costs must your Estate bear?

Upon your death your executor may instruct Mason Westover Homburg to act on his or her behalf in the administration of your estate. The costs of administering and winding up your estate will depend on the way your affairs have been arranged and the time taken and are simply based on the work performed, ie 'fee for service'.

If you have selected a Trustee Company or Public Trustee as an executor there is a sliding scale of charges based upon the gross value of the estate which can be as high as 7%, with legal fees being paid over and above this sum. You may wish to appoint the experienced solicitors at Mason Westover Homburg to act as your executors/trustees, in which case a much lower scale of commission will apply.

Information on Deceased Estates

Power of Attorney

When doing your will with Mason Westover Homburg you may also consider granting a power of attorney. An enduring power of attorney will enable the grantee to deal with your affairs should you become incapacitated or unable or unwilling to deal with them yourself. A power of attorney can save your family much angst in the unfortunate event that you become legally incapacited.

Power of Guardianship

Many people are now considering appointing an Enduring Guardian when attending to their affairs at Mason Westover Homburg. Such an appointee can make decisions on your behalf in relation to your medical and general welfare should you become incapacitated. You may also wish to include a proviso that you do not wish to be maintained on artificial life support systems in the event that you are in the terminal stages of a terminal illness, or in a persistent vegetative state, and your experienced solicitor at Mason Westover Homburg can advise you in this regard.

Mason Westover Homburg
Barristers ~ Solicitors ~ Conveyancers
4 First Street PO Box 221 Murray Bridge SA 5253
Telephone (08) 8532 3288 ~ Facsimile (08) 8532 6073