Creating a Will is something that every adult should ensure they do as it is a very important document. Having a Will ensures that your assets are distributed the way you want after you die. It is something that is often put off by individuals as we think there is more than enough time to make a will before you will require one. However, we know life is uncertain and as such you could pass unexpectedly so speaking to someone about a Will should be a priority for you.
You can create a will yourself, there are will kits online which can assist you in creating a Will, however speaking to lawyer can assist you in ensuring your will accurately reflects your intentions and ensuring that your will is legally valid.
Once you have a Will, you should ensure it is up to date, as you need to update your will any time you have any changes which may affect your Will. These may include a change in your relationship such as getting married or divorced, the birth of a child or grandchild, the death of a beneficiary or executor or a change in your assets or financial circumstances.
When you have a change in your personal or financial circumstances you should ensure that this change is reflected in your Will to prevent there being any issues should you pass unexpectedly. Regularly reviewing your Will ensures that you can keep it as updated as possible should the unexpected happen.
There are grounds available for contesting a Will, however the law around contesting a will is complicated and differs between all the states and territories within Australia. Seeking advice from a lawyer is strongly recommended if you intend to contest a Will to ensure that you have legal grounds to do so and are within the strict time limits to do so.
You may have been named as an executor or administrator in someone’s Will, which will present you with a number of responsibilities following their death. These responsibilities can be complex and make it difficult for you to process their death. These may include, funeral arrangements, defending legal challenges to the estate, distribution of property to beneficiaries, and more. If you have been given one of these responsibilities, is it advised that you seek the assistance of a wills and estates lawyer to assist you in the processes that follow these tasks as they can be overwhelming.
Wills and Estates law can be an overlooked area of law as we all presume, we have more time before we will need to make our will or deal with someone else’s will. Life is unpredictable and uncertain and if you do not have a Will or an up to date Will you should seek some legal advice to assist you in ensuring your intentions are put into a Will which is legally valid and that all your intentions and assets are covered in your Will.
It is very important that you seek immediate legal advice. Our team of lawyers at Brooke Winter Solicitors have a wide network partnership and can assist you with any Wills and Estates matter.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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