The details to gather before you make your will, so we can prepare it quickly and nothing important is left out.
We need to know who’s in your family, who you trust to carry out your wishes, and what you own and how you own it. Some assets, like superannuation and jointly owned property, don’t pass under your will at all, so it’s worth checking those before we start.
When you’re ready, fill in our Will Instructions Checklist online and it comes straight to our wills and estates team. It’s also a good time to think about an enduring power of attorney and who you’d want making medical decisions for you.
What the checklist asks
- Your details, your family and any former partners
- Who you’d like as your executors, and a back-up
- Property, shares, super, insurance and trusts
- Overseas assets, and where your records are kept
- Anything else you want us to know
You can upload rates notices, statements and your current will at the end. Everything you send is secure and only seen by Hendersons Legal staff.
Your will checklist, step by step
Don’t worry if you can’t answer everything. We’ll go through any gaps with you.
You and your family
- Your full name, any former names, your date of birth and your address.
- Your relationship status, with the dates of any marriage, separation or divorce.
- Your spouse or partner’s details.
- The names and dates of birth of your children, stepchildren and anyone else who depends on you financially.
- Details of any former spouse or partner, and whether you’ve finalised a property settlement.
Your executors
- One or two people you trust to manage your estate. They can also be beneficiaries.
- A back-up, in case your first choice can’t act.
- Ask them before you name them. It is real work, and it helps if they know where your records are kept.
What you own
- Real estate, and whether each property is owned as joint tenants or tenants in common.
- Bank accounts, shares, and any interest in a private company or business.
- Superannuation, and whether you’ve made a death benefit nomination.
- Life insurance, including who owns each policy and who the beneficiary is.
- Assets held in a family trust, and who controls the trust.
- Any property you own overseas.
What you’d like to happen
- Who should receive your estate, and in what shares.
- Specific gifts, such as jewellery, a car or a sum of money.
- Who you’d want as guardian of any children under 18.
- Any gifts to charity, and your funeral wishes.
Will Instructions Checklist
Send us your instructions
Our online Will Instructions Checklist opens a file with our wills and estates team. Fill in what you know, upload any documents at the end, and we’ll take it from there.
- Your answers are sent securely to our practice management system, and only Hendersons Legal staff can see them.
- Leave anything blank if you’re not sure. We’ll go through it with you.
- Upload your current will, rates notices and super statements at the end.
What happens next
- We send you a secure link to verify your identity online through InfoTrack. You’ll need your passport or driver licence.
- We go through your answers with you and confirm our costs.
- Once you’ve accepted our costs agreement, we start drafting your will.
Rather talk it through first? Call us on (03) 9629 2211.
Documents to have handy
Upload whatever you have at the end of the checklist. If something’s missing, we can usually work around it and follow up later.
Super and insurance
Recent statements for each fund and policy, and any beneficiary nominations you have made.
Photo ID
A passport or driver licence, so you can verify your identity online through InfoTrack.
Your current will
If you have one, along with any codicils.
Property details
A council rates notice for each property you own.
Trust and company papers
Trust deeds and company details, if you have a family trust or private company.
Things people often miss
Super may not follow your will
Most super funds pay death benefits according to your nomination or the fund’s rules, not your will. A binding nomination gives you more control over who receives it.
Joint property passes automatically
If you own property as joint tenants, your share passes to the surviving owner, whatever your will says. A share held as tenants in common passes under your will.
Marriage and divorce change things
In Victoria, getting married generally revokes an existing will. Divorce cancels gifts to a former spouse, but separation on its own doesn’t. If your relationship has changed, your will may not say what you think it does.
Family members can challenge a will
Some people, such as a spouse, partner or child, can apply to the court for more provision if they believe they weren’t properly provided for. Planning for this now can make a dispute less likely later.
Common questions about making a will
Your current will if you have one, a rates notice for each property, super and insurance statements with your beneficiary nominations, and any trust or company documents. You can upload these at the end of our Will Instructions Checklist. You will also need your passport or driver licence to verify your identity online.
Not automatically. Your fund pays your super according to your death benefit nomination or its own rules. If you want your super to form part of your estate, you can nominate your legal personal representative. We’ll talk this through with you.
Someone you trust who is organised and likely to be around when the time comes. Many people choose a spouse or an adult child, with a back-up in case they cannot act. An executor can also be a beneficiary.
Review it every few years, and after any big change such as a marriage, separation or divorce, a new child or grandchild, a death in the family, or buying or selling significant assets.
It opens a file with our wills and estates team. The first step is confirming your identity: we’ll send you a secure link to complete a verification of identity (VOI) online through InfoTrack. We’ll then go through your answers, confirm what you need and explain our costs. Filling it in doesn’t commit you to anything, and we only start work once you’ve accepted our costs agreement.
Yes. The Will Instructions Checklist is sent over a secure, encrypted connection and goes straight into our practice management system. Only Hendersons Legal staff can see your answers, and we treat everything you tell us as confidential.