Wills and Estates

The Importance of Giving Thorough Instructions When Making a Will

When preparing a will, the process is not just about listing major assets such as your home, bank accounts, or investments. It is about understanding you as a person — your values, your relationships, and the legacy you want to leave behind. Seeking thorough instructions from a client is a vital part of the process, ensuring that nothing important is overlooked and that your wishes are carried out exactly as you intend.

A well-drafted will reflects the whole picture of your life. While significant assets are important, smaller and more personal gifts can be just as meaningful. A piece of jewellery, a family heirloom, a treasured book collection, or even a handwritten recipe book can hold deep emotional value for the people you leave behind. Thoughtful planning ensures these special items are passed on to the right person, avoiding disputes and preserving sentimental connections.

By taking the time to share the full details of your circumstances and intentions, your solicitor can:

• Identify all assets, both large and small, so nothing is missed.

• Understand family dynamics and relationships that may affect your will.

• Ensure personal items with sentimental value are properly documented.

• Avoid ambiguity that could lead to disputes or challenges after your passing.
  
  

A will is more than a legal document — it is a way of taking care of the people you love and providing them with clarity, comfort, and certainty at a difficult time. Taking your careful and thorough instructions help ensure your final wishes are respected in every detail.

A family provision claim is a legal application made by someone who believes they have not been adequately provided for in a will (or where there is no will). In NSW, these claims are most often brought by close family members, but certain other eligible people — such as de facto partners or those who were financially dependent on the deceased — may also apply.

If you are making or updating your will in Katoomba, Leura, the Upper Blue Mountains, Dubbo, or elsewhere in Western NSW, it is important to consider the possibility of a family provision claim. Even if you feel your will is fair, NSW law requires you to make adequate provision for certain eligible people. If you do not, the court can alter your will after your passing.

What is a faily provision claim?

When to Take Extra Care

You should pay particular attention to family provision issues if your circumstances involve:

• Blended families – children from different relationships who may have competing interests.

• Former spouses or de facto partners – who may still have eligibility to claim. 

• Estranged family members – even after many years without contact, they may still have legal rights.

• Significant gifts to non-family members or charities – which may lead to challenges from family.

• Unequal distributions – leaving more to one child than another without explanation.
  
  

How Legal Advice Can Help

By discussing your situation with an experienced wills and estates lawyer in Katoomba, Leura, the Upper Blue Mountains, Dubbo, or Western NSW, you can:

• Identify anyone who might have grounds to make a claim.

• Put strategies in place to reduce the risk of disputes (such as documenting your reasons or making certain arrangements during your lifetime).
  
  

• Ensure your will is drafted with the best chance of withstanding legal challenge.
  
  

Thinking ahead about family provision claims is about more than just legal compliance — it’s about protecting your wishes, reducing stress for your loved ones, and preserving family relationships after your passing.

Contact Joanna for professional advice on wills, estates, and family provision claims in Katoomba, Leura, Upper Blue Mountains, Dubbo, and across Western NSW.