Most Popular
Create the document instantly yourself by entering the key details.
A$
99
Most Popular
Create the document instantly yourself by entering the key details.
A$
99
Self Service is not yet available for this document.
99
Create the document yourself with 30 mins help from a lawyer.
Create the legal document yourself with 15 mins help from a lawyer.
A$
165
Create the document yourself with 30 mins help from a lawyer.
Create the legal document yourself with 15 mins help from a lawyer.
A$
165
Lawyer Assisted is not yet available for this document.
Create the legal document yourself with 15 mins help from a lawyer.
We create a bespoke document based on
your instructions.
A$
165
Please turn your device to landscape mode to begin creating your document.
Please turn your device to landscape mode to begin creating your document.
Please turn your device to landscape mode to begin creating your document.
Please turn your device to landscape mode to begin creating your document.
"Mr. James Ford was really helpful and prompt. I have forwarded him the requested information to update my Will. I will be happy to recommend James to my friends and acquaintances in future." [Will - Qld]
"Very prompt and informative information given." [Will Dispute - Qld]
"James was able to assist with my parents’ Will dispute. Even though he is in Brisbane and I am on the Gold Coast, it was easy to communicate and put our case together. James always responds quickly, is very efficient and continues to keep me well informed of any progress. I have no hesitation in recommending James." [Will dispute - Qld]
A Will for a testator (that is, you, the person making the Will) to leave your entire estate (aside from gifts of personal chattels and optional charitable donations) to your children in equal shares "per stirpes".
Per stirpes means “by branch” in Latin, but is commonly understood to mean “by the bloodline.”
If your estate is distributed per stirpes after your death, each branch of your family will receive an equal share of your estate.
Imagine that Amy has three children: Brigid, Charles, and David.
At Amy’s death, all three children will receive one third of Amy’s estate ➲ if her estate was set up to pass per stirpes.
Assume that Brigid predeceased Amy, and that Brigid has two children, Eleanor and Fergus.
Now at Amy’s death, Charles and David will still receive one third of the Amy’s estate.
Eleanor and Fergus will each share in what would have been Brigid’s share, so both Eleanor and Fergus will take one sixth of Amy’s estate.
These legacy latin legal terms, whilst initially confusing, are very important and can change your childrens' (+ their heirs') inheritance.
The alternative to "per stirpes" is "per capita".
With "per capita" the share of any child beneficiary who dies before you is shared equally among your surviving children ... which means your predeceased child (and consequently, their heirs) would lose their share.
With "per stirpes", in the same scenario, instead of your predeceased child losing their share, it is preserved for their children (if any).
Your Express Will has been meticulously designed in consultation with leading Australian estate planning experts to allow you to:
1️⃣ Reduce the need to update your Will for minor changes; and
2️⃣ Greatly assist your Executor in administering your Estate.
Your Express Will refers to the following separate lists/directions which importantly DO NOT form part of your Will!
➲ List of Allocation of Personal Chattels;
➲ Digital Assets (incl. current passwords, and authentication protocols); and
➲ Funeral Directions.
This means that you can update any of the above, at any time.
➲ Upgrade to a Smarter Will ➲ All to Children incl. Testamentary Trust [Download the PDF Explainer for more information];
➲ 💡 Trax Print Fraud + Litigation Prevention Technology $22; and
➲ 🗄 Will hard-copy printing + binding service.
Enter the code WHen you pay full price to Purchase one of the following Self Service documents:
Re-Enter the code at checkout each time you buy the following documents to get a discount:
Our Legal Health Check is a process that helps you identify + prioritise your individual + business (if relevant) legal needs.
1️⃣ Complete our Intelligent Questionnaire:
You will be asked to provide information about your personal and/or business circumstances;
2️⃣ Automated Report:
The process uses inbuilt Embedded Lawyer-Logic™ to help you identify key legal risks + concerns and prioritise solutions.
A customised (jargon-free) report is generated in plain english with actionable recommendations.
3️⃣ Deliver Solutions:
You can then consider the information in your own time, and when convenient, select the most appropriate self-service legal documents from our online 24/7 portal or reach out to our legal team to discuss your options in more detail.
🧩 Estate planning;
🧩 Marriage and de facto relationships;
🧩 Tax structuring;
🧩 Dispute avoidance/resolution;
🧩 Investment properties;
🧩 Business sale/purchase;
🧩 Business financing;
🧩 Co-ownership arrangements;
🧩 Managing staff;
🧩 Commercial terms;
🧩 Websites and intellectual property;
🧩 Regulatory compliance.
This is an amazing way to quickly + proactively identify legal risks + opportunities to get your legal affairs in order!
Our Buccaneer Package is designed for individuals + includes our constantly expanding library of [Self-Service] personal legal documents.
It is compelling value with pricing at less than $1 per day which entitles you to access heavily discounted [members only] prices.
You could save thousands $$$ on your legal bills!
Our Yachtsman Package designed for business owners includes our constantly expanding library of [Self-Service] personal + business legal documents.
It is compelling value with pricing at circa $3.50 per day [equivalent to the price of a cup of tea or coffee!] which entitles you to access heavily discounted [members only] prices.
You could save thousands $$$ on your personal + business legal spend!
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Our intelligent online questionnaire adapts to your answers and only asks relevant questions.
Simply follow the guidance and enter the requested information about your matter.
The information is then sent to our back-end legal document generation engine, which follows a matrix of algorithms to make decisions about what should be in your legal document, just as an expert human lawyer would do.
The engine then draws from an enormous body of content to assemble a top-tier quality legal document that’s tailored to your situation + requirements.
Our Embedded Lawyer-Logic™ technology includes numerous quality control checks + automatic error-correction, massively reducing the risk of human error.
The finished document is then emailed to you in PDF format, ready to print and sign.
Your answers to the online questionnaire and a copy of the finished document in both Word + PDF formats are automatically forwarded to our legal team.
If we notice anything out of-the-ordinary we will contact you to discuss.
If you are a subscribed member or opt for paid Lawyer-Assistance, we will use the allocated time to assist to clarify and resolve any questions you may have.
If your matter is complex, high risk or you have never been involved in legal matters before, we highly recommend you opt for our Full Service.
Our legal team will contact you and assist you throughout the entire process.
If you are a subscribed member the cost for the time spent by our legal team to assist you is heavily discounted.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Our [Self-Service] legal documents are designed to be completed "without the intervention of a lawyer".
This approach will be appropriate for the majority of routine legal matters, where you are experienced and have learnt what needs to be considered and have gained experience in using our 24/7 online document portal to generate your legal documents instantly.
Some routine matters maybe totally new to you (meaning that you will have questions and we recommend you select our [Lawyer-Assisted] service).
Other matters maybe unusually complex, or of such high-value or risk that involving our legal team is the prudent course to take.
For these matters we recommend you select our [Full Service] option.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
It was once said:
It would take the combined processing power of every computer in the world thousands of years to crack 4096-bit encryption.
In a more general context (outside of encrypted secure website traffic/data) it has also been said:
Data with 4096-bit encryption (only protected by a password) could still be compromised within seconds.
How? Human error.
Easy pass-phrase, written down password, re-used password... etc. basically, always be on the lookout for the weakest link.
Trust the technology, but never trust the weak link - the user!
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
⚖️ Professional Indemnity (Limited Liability) by a scheme approved under Professional Standards Legislation;
⚖️ Access to Professional Fee Funding* / Disbursement Fee Funding / Family Law Funding (subject to approval by QuickFee our external legal finance provider);
✅ Allocated Time included to understand your circumstances + objectives, answer your queries + provide legal advice & make recommendations regarding alternative/additional options; and
✅ Create your standardised Legal Document based on your instructions.
⚖️ Use of proprietary fonts to maximise fraud prevention;
⚖️ Use of our Law Firm Letterhead;
➲ Send your Legal Document for electronic signature/s using AdobeSign; and/or
🔒 Application of TraxPrint Fraud + Litigation Prevention Technology.
* More Information about Professional Fee Funding:
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
⚖️ *.law is a top-level-domain (TLD) that aims to:
Promote trust in the professional legal community by creating a:
✅ Verified;
✅ Exclusive; and
✅ Reserved online space in which only accredited lawyers and law firms can establish a comprehensive digital brand.
✅ Website users can have confidence they are dealing with an authorised and licensed lawyer/law firm.
✅ *.law offers effective branding to those in the legal community, with the ability to secure a domain name that clearly communicates who you are + the legal resources you provide.
Source: join.law - Why *.law?
We recommend that the Will-maker and the witnesses all sign immediately after each other, in each other’s presence and use the same pen.
This is still the best way to make sure a Will is validly executed because then there can be no argument that the formal requirements were not complied with.
Important: A Beneficiary should not be a witness as they may lose their entitlement under the Will. There are exceptions but we still do not recommend using them unless there is no other option.
1️⃣ Use 2 independent adult witnesses who do not have any possibility of a beneficial interest in your estate;
2️⃣ Do not sign copies of the Will as they may become “valid” Wills;
3️⃣ Nothing should be attached to the original Will with a pin or paper clip;
4️⃣ No alterations should be made to the Will after it has been signed.
Please contact us (if you are unsure regarding any of the above) to discuss the best way to proceed to execute your Will when you are ready.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
As an emergency response to COVID-19 some states + territories have temporarily relaxed witnessing requirements for Wills + other key documents.
The relaxations allow remote witnessing using an audio-video link (AVL) over the internet. We strongly recommend they only be used as a last resort with the involvement of your lawyer. Practical COVID-Safe alternatives such as "Will through a window!" are preferred.
See our recent blog article "COVID-19 Safe Solutions for Witnessing Wills + Other Key Documents in Australia" for more information.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
🔒 A.C.T Supreme Court
[$125 deposit, $46 withdraw. Prices effective as at 1 August 2020];
🔒 NSW Trustee + Guardian
[$29 one-time fee for a single document; $49 one-time fee for multiple documents. Prices current as at 19 November 2020].
🔒 N.T. Public Trustee
[“You can store your Will for free at the Public Trustee office in a specially maintained vault.”];
🔒 The Victorian Will + Power of Attorney Registry
[Anyone in Victoria can register information about where they keep their Will + Power of Attorney documents at no charge. There is also the option to physically store originals for free];
🔒 W.A. Will Bank
[Free service operated by the WA Public Trustee];
🔒 For Queensland, S.A. + Tasmania
[Contact Us].
Credits:
This FAQ was prepared by Suk Jae Chung | Practical Legal Training (PLT) Placement, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
Formal Arrangements
What do you need to understand in terms of your Will?
❌ You cannot name your Pet/s as direct beneficiaries in your Will.
❌ For clarity, you cannot include statements in you Will such as “I give $X to my cat Toby".
❌ Legally a pet is regarded as your property. That is, as one of your possessions.
❌ Pet/s are not legally recognised as a ‘person’ under the law.
❌ This means they cannot own property, hold a bank account, sue or be sued, or in this case, receive a gift as a beneficiary directly under a Will.
The approach to take will depend on your personal circumstances, what you prefer for your Pet/s, and their needs.
Some simple + valid options to consider for the long-term care of your Pet/s under your Will are as follows.
✅ You can make a gift of you Pet/s to a trusted family member, after you have discussed it with them and they have agreed to take on the responsibility.
✅ Provide for an alternative, Plan B, trusted friend or family member, just in case.
✅ In addition, it would be wise to give a sum of money (legacy) in your Will to the actual recipient of your Pet/s to cover your conservative estimate of your Pet/s lifetime reasonable living, maintenance and anticipated healthcare costs based on your experience.
✅ Alternatively you could gift your Pet/s to a registered pet charity, rescue charity or pet shelter such as the RSPCA to be re-homed or adopted by another pet-lover.
✅ Ensure you get the name of the charity or shelter 100% correct, and provide for an alternative as a backup just in case.
✅ If you have more than one Pet, consider whether you want them kept together.
✅ Clearly communicate everything to your Executor/s so they can work quickly to ensure your Pet/s are kept as safe and comfortable as possible at a time which will be difficult for them as well as for all concerned.
✅ Alternatively, you can establish a Testamentary Pet Trust for the care and maintenance of your Pet/s during their lifetime.
✅ Under such arrangements the trustee holds the money for the benefit of the named Pet/s.
✅ When the Pet/s die, the trust is wound up and distributed according to the directions made in the Will, which might be to an animal charity or elsewhere.
✅ While this approach provides increased certainty that your allocated funds will be devoted to the long-term care of your Pet/s, it is also more costly to administer.
✅ Choice of trustee is important.
✅ Someone trusted to carry out the terms of your trust, preferably independent and experienced, needs to be appointed in the Will as trustee for this purpose.
Certain species of animals like turtles, koi fish + birds (e.g., parrots) can live up to 100 years or more.
❌ In most state and territories of Australia (except South Australia) the life of a Trust is a maximum 80 years;
✅ if your Pet/s could outlive the useful life of the Testamentary Pet Trust, it becomes crucial that you seek legal advice in order to create a specific plan for what is to occur if your Pet/s outlive the Trust established for its long-term care.
❌ Any gift well in excess of your Pet/s actual needs, opens the door to the possibility that your Will might be challenged by eligible beneficiaries.
➲ No Pets were involved.
➲ The Will disinherited eligible beneficiaries, instead giving everything to the RSPCA.
Mr. Simpson left his entire estate via his Will to his second wife, and in the alternative should she pre-decease him, to the RSPCA.
Nothing was left to his three children from his first marriage.
As it transpired, his second wife pre-deceased him, so everything went to the RSPCA.
The estate after sales of all estate property amounted to a total of $397,453.58 in cash.
The three children from Mr. Simpson's first marriage successfully contested the Will under family provision legislation and were awarded 40% of the estate after legal costs.
❌ Leaving everything to an animal charity (or any other charity) is not wise where there are children, family and others who may be eligible to make a family provision claim on your estate.
❌ The wasted legal costs paid out of the estates in this case were circa $50,000.
Your pets are your property so if you make a Will and don’t make any specific arrangements for them, they will form part of your residuary estate.
Whoever you have designated to inherit the residue of your estate will then be entitled to take ownership of your Pet/s.
If you have not spoken to your residuary beneficiaries, it may be unclear which beneficiary is to take care of which Pet/s.
❌ It is not difficult to foresee the potential for further disputes arising!
Hard copies can be found in the NSW State + Local Libraries or you can view/download the online guide via the Resource Link provided at the following State Library of NSW webpage: Companion Animal Law Guide New South Wales.
Footnotes:
[1]. Marshall & Ors v Redford [2001] NSWSC 763
For a more detailed discussion please refer to our blog article “Your Pets are Family: Providing Emergency + Long-Term Care for your Furry, Fluffy or Fine-Feathered Friends!" by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Credits:
This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.
Important Notice:
This FAQ is intended for general interest + information only.
It is not legal advice, nor should it be relied upon or used as such.
We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.
