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Different people, different Wills – the most common types of Wills (Living Wills)

by | Aug 1, 2023 | Wills & Estates

In Australia, there are several types of wills recognized under the various state and territory legislation. While the specific names and requirements may differ slightly between jurisdictions.

No two people are the same and this is why there are different Wills available, each being customisable to your circumstances.

We have been providing a snapshot of the five most common Wills used in Australia being:

  1. Standard Wills (see our previous commentary here);
  2. Testamentary Trust Wills (see our previous commentary here);
  3. Mutual Wills (see our previous commentary here);
  4. Mirror Wills (see our previous commentary here); and
  5. Living Wills.
Living Will (Advance Healthcare Directive):
Communication of treatment wishes

A living Will is known as an Advance Healthcare Directive which is a legally binding document that outlines your preferences and wishes for medical treatment and care for when you are unable to make decisions on your own behalf.  These can cover general medical treatment, life-sustaining treatments, organ donation and end-of-life wishes.

There are several benefits of creating an Advance Care Directive, including:

  • Maintaining control of your medical treatment;
  • Reducing family conflicts about your treatment;
  • Alleviating the burden on your family and loved ones;
  • Avoiding unnecessary or unwanted medical treatments;
  • Ensuring appropriate end-of-life care.

An Advanced Healthcare Directive is a very complex document and one which needs the input of both legal and medical professionals.

Which Will is best for you?

It is essential when making your Will to seek legal advice.  Our Wills and Estates Team will take the time to understand your circumstances and can guide you on the type of Will which will accurately reflect your wishes and is legally valid.  For more information, please contact us on 03 9614 7111 or at melbourne@nevettford.com.au.