A R Walmsley Solicitors Sydney



Your personal history must be looked at and understood by the Lawyer who drafts your Will. Understanding the personal history of our client is the cornerstone to our drafting an effective Will.

  • Have you been married before?
  • Have you been in a longstanding de facto relationship?
  • Do you have children to another relationship?
  • Do you have children to your current relationship?
  • Do you have children that are not spoken about?
  • Do you have children or loved ones with problems such as drug addiction and/or alcohol abuse?
  • Do you have children that have physical or mental disabilities?

These are but some of the questions that must be asked.

The client will often respond at the beginning of a conference with "I've made a Will before. Nobody ever asked me these questions. What has this got to do with anything?" The Lawyer who is drafting the Will must be comfortable with his or her skill level in order to explain to the client that each person's individual personal history is the very basis for drafting an effective Will. It is important that your Lawyer understands the emotional journey upon which you must embark to draft your Will. That Lawyer needs to be able to assist you to make the journey.

The establishment of an estate plan can mean you will be asked to confront issues that you may have chosen to avoid and don't find easy to speak about. You need help, knowledge and reassurance. It is important that your Lawyer takes your instructions very seriously. If you did not want those instructions to be taken seriously, you would not attend our office. Your Will affects the whole of your assets. It is a very important document, if not the most important document you will ever create.

We strongly believe that you have come to our office to avail yourself of our skills. We are committed to giving you the service of those skills. If your Lawyer allows you to avoid important issues in your personal history, the Lawyer is doing you a disservice. The Lawyer has the responsibility to understand your personal journey and advise you as to how your personal history impacts on your wishes which you want reflected in your Will.

Some issues may have been categorised by you as "too hard":

  • Making proper provision for a partner in a blended family;
  • Making proper provision for children to your current partner;
  • Making provision for children to other relationships;
  • Making provision for disabled children;
  • Protecting children or loved ones with problems;

These are all issues of great importance that need to be addressed in the process of drafting your Will. It is our experience that these issues can be very hard and emotionally draining. However, they are not too hard. They are issues impossible to resolve after you have passed on. The interaction between you and your Lawyer is the key to your estate plan.

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