Wills

Ensure your assets are distributed according to your wishes. Our dedicated professionals guide you through the will-making process with clarity and care.

Estate Planning Services

You can make a Will if you are at least 18 years old and you have legal (mental) capacity.

Making a Will allows you to set out your directions for the distribution of your estate when you die and appoint at least one person to be your executor. You may also specify your funeral wishes in your Will and specify if you wish to be buried or cremated. You can record your wishes for the guardian of your minor children and the person who will care for your pets.

Without a valid Will, the distribution of your estate is construed by the law of intestacy, as set out in the Succession Act 2023 (section 109).  This method of distribution can result in your estate being inherited by someone quite unintended – perhaps someone from which you have been estranged for many years and someone you would never have chosen.

If you have never had a Will and feel overwhelmed about the process – Contact FJS Lawyers!  When leaving our office, clients usually say “That was so much easier than we expected!”

At FJS Lawyers we offer a same-day service for Simple Will preparation and we can store your Will and place it on the Law Society Will Register for your peace of mind.

For further information – see the Legal Services Commission of South Australia Law Handbook Online in the Wills section.

How much does a Will cost?

At FJS Lawyers, we understand that planning for the future is essential, and we’re committed to making this process accessible and straightforward. Our will preparation services are competitively priced, ensuring you receive expert guidance tailored to your needs.

We are proud to support our senior community by offering a 50% discount on the preparation of Wills, Enduring Powers of Attorney, and Advance Care Directives for South Australian Seniors Card holders.

Our experienced team provides compassionate and practical legal advice, making the process of securing your legacy both affordable and reassuring.

Document Total Cost* SENIORS CARD Discount Price*
Simple Will – Individual   $440 $220.00
Simple Will – Couple $550


*Prices include GST

Will Planner

Download our Will Planning Kit

We have created the ultimate will planning guide. This document will help you to consider how you would like to divide your assets after you pass including;

  • Who you’d like to appoint as your Executor
  • Who will receive your assets (your Beneficiaries)
  • Any gifts or donations you wish to make
  • Decisions about burial, cremation or organ donation 
  • Guardianship of minor children (if needed)
  • Options for Enduring Powers of Attorney and Advance Care Directives
  • And more
Subscription Form

Frequently Asked Questions

What is a Will?

A will is a legal document which states who will receive your property when you die; appoints the person(s) you want to be your executor(s); appoints the person(s) you want to be the guardian of minor children; sets out your wishes for disposal of your body.

Your will should be stored in a safe place and you should ensure that your executor knows where to find it.  If your will cannot be found, this will cause problems and may prevent your wishes from being known.  You should never remove the staple from your original will or attach anything to it.

Marriage will generally invalidate your will.

You should consider making a new will if you marry, divorce, separate from your spouse, start a new de facto relationship or have children.

You can change your will at any time.  You should change your will when your circumstances change – e.g. if you divorce or remarry, if one of your beneficiaries dies, if you have children or if your executor dies.  It is usually safest to make a whole new will to ensure that your will remains valid – you cannot simply cross out something and write something different.

 

 

If you die without a will (intestate) your estate will be distributed in accordance with the Succession Act 2023 (SA).

Generally, this will result in your assets passing to your spouse and/or children. This can be a problem, however, if you have a legal spouse and a defacto spouse i.e. you are separated (but not divorced) and you have a new defacto partner.

Problems may also arise in some estates where there is a spouse and children.  For example, in estates valued over $100,000 – the spouse is entitled to the first $100,000, half of the balance of the estate, and the personal belongings of the deceased.  This could result in a spouse being unable to remain in the family home, causing further hardship and emotional strain during an already harrowing time following your death.

 

At FJS Lawyers, we can ensure your will is valid and properly drafted in accordance with your wishes.

Your solicitor can: Make sure your will is valid and properly drafted, signed and witnessed. Make sure you’ve expressed your wishes in the best possible way. Advise you on your rights and obligations to your spouse or defacto partner, children and other dependents. Advise you on the role of your executor and help you choose the best person. Advise you regarding superannuation after death. Advise you on making an Enduring Power of Attorney. Advise you on making an Advance Care Directive.