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Advise - Australian Will


DebbieB

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Any advise, experiences and suggestions of who to use etc for setting up an Australian will. We are in the South. Thanks

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Hi there,

We are also in the same situation. Have been here for 5 years and our South African will, power of attorney etc is all worthless here.

I just spoke to the bank manager at the AnZ and she recommended R J Cole. For everything it's around $500.

If anything happens in the meantime there are serious problems as I have the rental houses..insurance policies.....kids...grandkids...and no valid will... so I really need to move on this one.

If anyone else has any suggestions? Bit of a shock to find out that married in community of property and all that SA stuff is totally invalid here!

Tamara

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You also have to have separate wills here, you cannot have a joint will.

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Yikes I have heard that our ANC is also invalid...need to look at this a bit more. Suppose it's only natural, different countries, different laws. I was given the name of a guy in Adelaide who apparantly is good and cheaper than the rest. Cost someone on SAAdelaide I think it was A$300 for the 2 wills. His details are:

Darryl Goodmund, no: 83220300 - offices in O'Hallaran Hill.

HTH

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Dear Shona, out of curiosity and at the risk of sounding ignorant I have to ask, is the ANC really invalid even though one had to submit unabridged marriage certificates???

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Can one not buy a legal will kit from the post office? Is that not considered valid?

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Have a look at this site : http://www.legalkits.com.au/

It's recognized and legal - but even though it comes with instructions, it should probably only be used for very simple wills

Hmmm - only noticed after my post that this is specific to Victoria...

Edited by herby
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Dear Shona, out of curiosity and at the risk of sounding ignorant I have to ask, is the ANC really invalid even though one had to submit unabridged marriage certificates???

I've heard they are invalid. I'm no expert at all but a number of people have said they are. Going on hearsay of course.

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ANC contracts are a civil matter.

The Australian family court has a number of tests to determine if a pre (and post) nup contract is fair to both parties. One (of many) of the tests is weather both parties received independent legal advise. Often a South African ANC does not pass these tests and are therefore set aside (the independnt legal advise been the most typical) when divorse proceedings are in progress.

If a South African ANC were to pass all the tests of been a valid pre nup contrat it would be valid and upheld in an Australian family court.

Edited by 15 years out of RSA
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use your State's Public Trustee

its free and they keep it for you as well

Just be aware that the public trustee will take a percentage of your estate if you appoint them as executors.

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