FREQUENTLY ASKED QUESTIONS
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Got questions? We’ve got answers.
Here are some common queries about deceased estates, property law and estate planning. If you need further clarification, feel free to contact VIVMAR Lawyers for personalised advice.
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Yes, you can update your Will at any time whilst you have the testamentary capacity to do so.
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Your Will should be updated as your life and circumstances change. Some examples of changes in circumstances include if:
you change your mind
you change your name
you acquire additional assets that you would like to specifically gift to someone
you get married, separated or divorced
you have children
someone noted in your Will passes away
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Even though there are home Will kits available, you should have your Will professionally written because if you write your Will yourself, you are at risk of:
not meeting the legal requirements of a valid Will and can find yourself incorrectly gifting your assets, which will cause issues with administering your Estate.
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We can prepare an international Will which can cover assets in Australia and in an overseas country, provided that the country is on the approved list of the International Wills Convention.
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Your documents can be revoked or updated at any time whilst you have the decision-making capacity to do so.
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There are exceptions provided by the legislation, however generally you need to be at least 18 years of age.
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Yes. We will handle the whole process from start to finish and will keep you updated every step of the way. As Executor or Administrator, you will be required to supply information and documents, and also sign documentation for the Court and asset holders, however VIVMAR Lawyers will prepare the necessary documentation and will assist you with your requirements.
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Generally, yes, however the Will may contain specific conditions in the event you step down.
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VIVMAR Lawyers can assist with the investigations to determine where the original Will is stored. If the original cannot be located, a different type of application can be made to the Court for a Grant in order to administer and distribute the Estate.
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Yes, all beneficiaries mentioned in the Will are entitled to a copy of the Will.
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Around the same time the new electronic conveyancing platform (Property Exchange Australia (commonly referred to as “PEXA”)) was introduced, Certificates of Title (commonly referred to as title deeds) were abolished. This now means that a title search is the newest form of Certificate of Title, and the NSW Land Registry Services does not produce paper Certificates of Title anymore.
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No, as PEXA requires an authorised agent, such as a lawyer or conveyancer to complete the transaction.
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Generally yes, however it is best practice to tidy up the estate of the person who has died and this includes sorting out the property affairs of the deceased.
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No, the instructing client must have a legal right to instruct a lawyer or conveyancer to process a property transaction. Generally, the client is either the property owner, an Attorney, or the Executor or Administrator of a deceased estate.
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Nominal stamp duty is payable when the property is transferred from a deceased estate to the beneficiaries.
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Capital gains may be payable upon sale of a property as part of the deceased estate administration process. There are exceptions to this and we recommend that you seek tailored advice from VIVMAR Lawyers.