Wills, Estate Planning & Probate

STRATEGY I SOLUTIONS I INTEGRITY

 

What is a Will?

A Will is a written document that sets out what you want to happen to your property (your ‘estate’) after you die. It gives instructions for the person or organisation distributing your property about how this is to happen.


Who can make a Will?

A Will can be made by anyone aged over 18, as long as they have the mental capacity to understand what they are doing.

A person under 18 can only make a Will if they:

  • are married
  • get a court order to authorise making a Will.

 

Why do I need a Will?

Having a clearly written and up to date Will is important as it:

  • Helps ensure your property and possessions
    are distributed the way you want;
  • Outlines who you want to benefit from your estate;
  • Reduces potential conflict after your death;
  • Helps your executor understand how you would like your affairs managed

 

When should I update my Will?

There are many reasons for changing your Will. You should consider making changes if:

  • You want to change the beneficiaries in your Will;
  • Any beneficiary named in your Will has died;
  • You marry separate, divorce, enter into a new relationship, or re-marry;
  • You acquire or dispose of any substantial property or possessions during your lifetime;
  • You have a child;
  • You would like to change the person identified as the executor of your Will

 

We will

  • sit down with you and listen.
  • make sure we have a full understanding of your own personal situation.
  • determine the best solution for you and those you wish to protect.
  • ensure your estate is administered as you wish.
  • discuss the tax implications of your Will.
  • apply to the courts for Letters of Administration if a loved one has passed away without leaving a Will.
  • contest a Will that you believe is unfair.
  • guide you through any potential risks.
  • ensure your nearest and dearest are protected as you intended.
  • mitigate against any future disputes that may arise.

 

Why should I make a Will?

Preparing a proper Will ensures your Estate is divided up exactly how you want it to be. If you pass away without leaving a Will known asIntestacy your loved ones will need an experienced Estate Lawyer to attend to the matter..

 

Does a lawyer need to draft my Will?

Many people draft a basic Will - one that concerns home, investments, and personal items as well as guardianship of children - without the assistance of a lawyer, which is not advisable. Unfortunately, these people fall into the trap of thinking their will is legally valid when in fact it is not. This type of Will is commonly incorrect, causing difficulties when the time comes for Probate. The legal requirements for a will must be met and if even one is missed, or drafted incorrectly, or changed, it can be disastrous for your estate. It’s highly advisable to appoint an experienced and trustworthy lawyer to help draft your Will, or to establish the legal validity of the one you've drafted.

 

Our Areas of Services are:

  • Simple Will
  • Testamentary Trust Wills
  • Disability Trust Wills
  • Probate
  • Letters of Administration
  • Survivorship Application
  • Estate Dispute
  • Powers of Attorney
  • Intestacy

 

Contact us for a complimentary appointment.