Writing A Will With A Lawyer: A Guide
What comes to mind when you think of a lawyer? Is it the scales symbol, a sea of suits, or all that jazz – we mean, jargon – that goes way over your head? The truth is, life as a lawyer isn’t all about courtroom sessions and regal wigs, or fabulous pink outfits and interns running criminal trials. (Sorry to our Legally Blonde fans.)
If your estate planning is shaping up to be a bit more complex, or the whole process feels too daunting, here is a step-by-step guide to follow.
1. Choose a lawyer
Everyone needs a great doctor, a talented hairdresser, and of course – a good lawyer. These are just things in life that make managing your life so much easier.
So, how to choose a lawyer? The best place to start is to ask your friends and family for recommendations. Keep in mind that lawyers have their specialties, so you’d have little success turning to say – a divorce lawyer for example – to help you with your estate planning. With that in mind, it’s worth asking said divorce lawyer if they know of anyone for the job, as lawyers are often making referrals to other lawyers who specialise in different areas.
If you don’t feel comfortable asking anyone for advice, or you’d rather try your luck by researching online, you can find a lawyer via the Australian Lawyers Directory where you can search by suburb, state or type of solicitor or barrister.
Once you’ve made a shortlist of lawyers to contact, you can check out their website, where you can find further information.
2. Call the lawyer
Once you’ve picked a lawyer, your next step is to give them a call! You can expect them to ask basic questions, like your name, your family circumstances and a general summary of your assets, for example. You don’t need to go into too much detail in this initial call – it’s simply a chance for the lawyer to see if they can help you (and for you to decide if you’re happy with them, too!) This is also a chance to ask them about their process for writing a Will, their fees and their payment options. Some lawyers charge fixed fees for preparing Wills and other estate planning documents, while others charge hourly for their services, so check this too.
If the lawyer charges hourly, you could ask for a rough estimate of how many hours are expected. Once you’re happy with what you’re hearing, ask about the next steps. They may send you through an agreement, set up an appointment or have you fill out a questionnaire.
3. Payment or retainer agreement
At this stage, you may be sent a retainer agreement. This is a document that outlines the terms between you and your lawyer. It includes details like what documents the lawyer will draft up for you, their fees and how they will invoice you.
Sometimes, the agreement will ask for a retainer fee upfront. This fee ensures the lawyer will be paid for their work. It’s not always necessary to pay a retainer fee, especially for smaller legal matters. However, if you're unsure about anything in the agreement, just ask the lawyer before signing. (During this process, the lawyer may also request a copy of your ID and contact details for their records.)
4. Questionnaire and/or detailed discussion stage
Once the retainer agreement is signed and the fee is paid (if needed), you and your lawyer can get started. You may be sent a questionnaire to fill out with more specific details, or you asked to visit the office in person to discuss the semantics.
You will discuss things like:
Your relationship status, and/or details about ex-spouses or partners
If you have any dependants or pets: their names, ages and more
Any existing legal documents you have, like Wills or Powers of Attorney
Details about prenups or separation agreements you have
Your assets and debts.
You may also need to make decisions about:
Nominating guardians for your children and pets if something happens to you
Whether you want to leave specific gifts to people or leave a bequest to a charity
How you want the the bulk of your estate divided up
How you want assets given to beneficiaries who are under 18 years of age.
If there’s anything the questionnaire or the conversation doesn’t cover, you can draw up a list of questions to ask your lawyer during your estate planning meeting, call, or video chat, so you can make the most out of your time and make sure everything is covered.
Remember that the whole point of the questionnaire and/or the meeting/call is to give your lawyer all the information they need to prepare your Will, so it’s best to give them all the information upfront.
5. Documents and review process
Once your lawyer has all the information they need for your Will and other estate planning documents, they’ll get started on creating the documents for you. Depending on their schedule, and how complex your situation is, this can take anywhere from a few days to weeks – but they’ll let you know when you can expect it. (If not, ask!)
After your documents are prepared, you can review them and ask questions. Take your time to go through them carefully to make sure everything is in order, including names and details. If you’re unsure about anything, remember to ask for clarification. Don’t be afraid to ask for edits – you are paying for their service, so you both need to ensure that everything is totally accurate.
6. Sign the docs!
Finally – it’s time for the ink to dry! For a Will to be official in Australia, it must be signed in front of two witnesses. This typically happens at a lawyer’s office. Once the Willmaker signs the Will, each witness must sign it. It’s also common for everyone present to initial each page of the Will. You only need to sign one copy of your Will, and that’s the official version. Most lawyers prefer to keep the signed Will in their office for safekeeping, but you can choose where you would like to store it (or a copy of it).
Wrap up
While all Australian lawyers are bound to the same laws and practices, of course, not all have the same process with new and existing clients. So, your estate planning is shaping up to be a bit more complex, or if you’d prefer to meet with a lawyer in person, we hope this step-by-step guide has helped you feel a bit more prepared!
*Ahem!* Hi there. Just dropping in to let you know that here at Willed, we now offer a NEW service for more complex Wills. Head here to learn more or to get started.
Want to learn more about our process? Read our guide on What To Expect When Writing A Willed With Willed.
Disclaimer: The content of this blog is intended to provide a general guide to the subject matter. This blog should not be relied upon as legal, financial, accounting or tax advice.
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