Preparing a will or estate plan
- Bring identification and any existing will, power of attorney, appointment of medical treatment decision maker or related estate document.
- Prepare family details, including spouse or partner, children, dependants and relevant former relationships.
- List major assets and debts, businesses, companies, trusts, overseas assets, superannuation and life insurance.
- Consider suitable executors, substitute executors, guardians and intended beneficiaries.
- Identify vulnerable beneficiaries, blended-family issues, anticipated claims or assets requiring special management.
Preparing a probate application
- Locate the original will and every codicil. Do not unstaple, mark or alter the original documents.
- Obtain the death certificate or certified copy required for the application.
- Prepare a current list of the deceased person's assets and debts.
- Collect contact details for the executor and persons named in the will.
Identify ownership and grant issues
- Record whether property and accounts were held solely, jointly or as tenants in common.
- Ask each asset holder whether a grant is required before it will release or transfer the asset.
- Tell the solicitor about damage, handwriting, missing pages, execution concerns, later documents or competing wills.
Estate administration information
- Keep records of funeral expenses, estate income, liabilities, payments and distributions.
- Identify real estate, mortgages, tax matters, business interests and assets in other jurisdictions.
- Do not distribute the estate before receiving advice about authority, liabilities and potential claims.
Before the appointment
Keep original documents safe, preserve electronic records and bring a short list of the questions and outcomes you want to discuss. Tell the solicitor about urgent deadlines at the beginning of the conference.