While most lawyers draft Wills, unfortunately (and it pains me to say this), not all of them do this well.  This begs the question, what does a good estate lawyer do, and, how do I know if the person drafting my Will is any good?

It is important to note that if you die without a Will you die intestate.  Essentially this means that, since you fail to express your wishes, there can be no guarantee that your intended wishes will be carried out.   Effectively dying without a Will leaves your estate open to the possibility that your despised Cousin Frank might get his hands on your assets.

The best way to avoid this is to ensure that every adult has a valid and up to date Will.

You will note that the words ‘valid’ and ‘up to date’ are underlined.  Please understand that the best way to ensure that your Will is valid is to ensure that it is drafted by a legal professional.  Using a DIY Will Kit is a risky move that too often results in a Will being declared invalid.   In many instances, it can be even worse than dying intestate. Of course, Wills, like many financial documents need to be reviewed (at least every 5 years) and certainly should be revisited following the death of a spouse or other significant beneficiary.

So, you’ve made the decision to go and get your Will done by a solicitor.

Well done you!

At this point it is critical to understand that even if you think your circumstances are simple they either aren’t, or there are things you hadn’t yet thought of that need to be considered to have an effective estate plan.

While most lawyers draft Wills, few do it as their core means of business and consequently lack the skills and expertise to effectively negate issues arising from even the most common circumstances (divorce and blended families).

So what should people be looking for when selecting a lawyer to draft these important documents?  Here are my top 6 tips:

1. Do your Research and Look for knowledge and experience

Unfortunately, like everything in life, a little bit of knowledge and experience is everything.  In estate planning, a lot of knowledge and experience means even more.

There are nuances upon nuances upon nuances in estate planning.  The landscape is ever changing, laws are changing and will drafting is complex at the best of times.  The lawyer needs to know and intimately understand estate law, superannuation (and its regulations), taxation, family law, property law and company law – yes, that’s a lot isn’t it?

So, do your own research, see if the lawyer has given any presentations on estate planning, they may have a reputation for this beyond their own circles.  Ask around, or better still, call all those on your shortlist and ask us questions (not just how much!).

2. Find a person Who Asks Questions

When you are with the lawyer they will ask questions, lots of questions.  If they are not asking questions, chances are you have a dud.

Although you may think some of those questions are not relevant, they are…always.  So, answer them honestly.  Good questioning is the key to getting a great Will that will meet your needs now and in the future and awesome estate lawyers should be inquisitive by nature (how else are they to get to the bottom of any issue that may be the problem).

3. Expect to Pay for a Professional Product

Yes, you get what you pay for.

Ask for a $99 Will and you can be guaranteed to get an inferior product.  I know this because I know how much time goes into providing quality.  Sorry, there are no short-cuts to quality.  For more information about lawyers and fees click here.

A thorough estate plan is perhaps the most important document you’ll sign.  Most responsible adults think little of paying insurance on their house year after year just in case something happens?  At some point you will die.  While blunt, this is fact and emphasise the need for you to have a Will that is as thorough as possible.

4. Look for Someone Prepared to Think Outside the Box.

Be concerned If a lawyer cannot devise a solution to a problem suggests something like, “you should do it this way, it’s easier”.  Both scenarios indicate that you are in trouble with a lawyer who is lacking expertise. Estate planning is all about problem solving and finding a solution.  Great estate planners enjoy a challenge, in fact, we love them.

5. Find an Estate Planner Who Works With Other Professionals

An estate plan is not just a legal document.  It must fulfil taxation objectives, real estate objectives, accounting and potentially business succession objectives.  Most people have at least an accountant they see regularly.  Many will also have a financial advisor or real estate agent they rely upon.  It is imperative that your estate plan is devised in conjunction with other professionals as the best solutions arrive when all parties communicate and discuss your needs and goals.

A Will prepared in isolation may do more harm than good.

6. They Make the Complicated Seem Simple (r)

The Law is complex, estate planning is complex, there is a lot to get your head around.

A good estate planning lawyer should be skilled enough to explain complex ideas and strategies to you simply so that you can consider the advice being given to you and provide your instructions accordingly.

As with anything in life, those that know their job inside and out can explain things better than those that don’t.

Welden & Coluccio Lawyers are thrilled to announce that they are finalists in the Australian Small Business Champions Awards.  The prestigious event, held annually in Sydney, is described as the ‘Oscars event for small businesses’.

Greg Welden and his wife Tanya will represent the firm tomorrow night, 1^st April 2017, at a gala presentation dinner held at the Westin in Sydney.  “While we have no expectations about securing the coveted prize in the category of legal services, it’s a major buzz to have our hard work recognised by the judging panel.”

The team at Welden & Coluccio Lawyers join with our clients and colleagues to wish Greg all the best for tomorrow night.

At Welden & Coluccio Lawyers we pride ourselves in having created, what we affectionately refer to as “a home-baked cookie kind of business”.

I appreciate that this may seem like a long stretch. However, suspend your disbelief long enough to put aside your image of a lawyer (wig and gown clad if you wish), stooped over a stove, as the smell of freshly baked goods wafts gently in the direction of the boardroom. While this is clearly fictional (albeit a delectable) image, it is one in which there does exist a small grain of truth.

You see I’m not really talking about cookies, I’m talking about authenticity. Law is always about people, and as such, it is intrinsically relational. The problem with lawyers is that too often, bogged down with files and musty old books, they seem to forget this fundamental truth. It is a principle that is frequently lost in the over-corporatisation of the business of law.

When Greg Welden and I started Welden & Coluccio Lawyers we made a conscious decision to abandon this type of business model. We wanted nothing to do with the practice and business of law which had forgotten or ignores, people. I’m speaking of the type of law where you are greeted at reception by a well-groomed, albeit clinical, receptionist who offers you a seat and a spritzer before joining your solicitor in a glossed up, over-sized, board room.
By contrast, we wanted to have the type of office where those who used our services valued us not just professionally, but personally. We wanted them to really know that they are not just clients but are actually people for whom we understand the extent to which the law has a very real and lasting impact in their lives. I am speaking of real people like Cathy, who came to us recently to have her Wills updated. She wrote:

I was aware of the importance of having an up to date Will and Power of Attorney. I have witnessed many stressful experiences for families who had not had these in place, and the unexpected has occurred.
I approached Jason Coluccio from Welden & Coluccio Lawyers because my family situation had changed suddenly and unexpectedly. I sought advice to ensure maximum protection.

Despite having an extensive and long term financial background myself, I found there were still many important legalities that I was unaware of, and Jason helped me to address these. Even though I did already have a fairly recent Will, certain potential complications had never been brought to my attention before. My circumstances had altered over the years, and it was important that it was up to date. Jason reviewed it, and found I had a few anomalies, which he brought to my attention.

I found the experience to be most beneficial and informative & I now have full confidence that my affairs are completely in order. Since then, Jason has assisted five of my immediate family members to do the same.

I would highly recommend Welden & Coluccio Lawyers to people who need expert advice, and have recommended them already to extended family and friends.

In many ways we can’t compete with the large multi-national corporate law firms. However, being small in itself is not a disadvantage. In fact, we relish it. Being small means that when you call us, chances are you will speak with an experienced lawyer immediately. In fact, he or she will probably answer the telephone.

“What about the cookies?” I hear you ask. Well, at Welden & Coluccio Lawyers we have those too; jam drops sometimes, but more often than not the home-baked kind made with real butter and a cup of tea on the side.
If your clients are real people too, then why call and make an appointment with Welden & Coluccio Lawyers, for a cookie and a cuppa and chat about their legal needs.

Welden & Coluccio Lawyers, the Estate Specialists, where real people really matter.

Scenario: Mrs Smith married Mr Smith who had two children from a former marriage. Mrs Smith had no natural children of her own. Mr Smith predeceased Mrs Smith with Mrs Smith dying several years later. Are the children of Mr Smith entitled to make a claim against the estate of the Mrs Smith?

The children of Mr Smith became the legal step-children of Mrs Smith at the time of the marriage. A step-child may be entitled to make a claim against the estate of their step-mother or father pursuant to Section 6(g) of the Inheritance (Family Provision) Act 1972 (SA), if they are “a child of a spouse or domestic partner of the deceased person.”

We must then ask the question; because Mr Smith had predeceased Mrs Smith, could Mr Smith’s children still be classified as children of a spouse or domestic partner of Mrs Smith? The answer is no. A marriage or domestic partnership may be terminated in two ways, firstly through the divorce or the formal breakdown of the relationship and secondly, through the death of one of the parties. A requirement of being a spouse or domestic partner under the Inheritance (Family Provision) Act 1972 (SA) means you need to be legally married or together at the date of the death of the deceased.

As a result of this definition we can determine that the children of Mr Smith would not be eligible to make a claim under this provision because, although Mrs Smith and the biological father were married, they were not married at the date of Mrs Smith’s death, because at this time she was in fact a widow.

Therefore, it is prudent to seek advice from a solicitor in the event of the death of a family member. A solicitor is best equipped to provide you with appropriate advice related to the effects a death may have on your estate and how to best to structure your affairs in order to ensure your step-children are included in the division of your estate, or alternatively, to minimise them from making a claim against your estate. For advice on Wills and Estate matter contact myself, Maddalena Romano, Greg Welden, Jason Coluccio or the team at Welden & Coluccio Lawyers.

Download our brochure titled ‘The Will’ here.