Writing a Will
Do you have a will? Do you need a will? What happens if you die without a will?
These are all very important questions a solicitor can answer. A will is a legal document that names the people you want to receive the property and possessions you own at the date of your death. A valid will is one that has been accepted by a court and put into effect by a grant of probate.
Linda Emery & Associates ensures your will is properly drawn, signed and witnessed. She will make sure your wishes are clearly expressed and advise adequate provision for your spouse, de facto partner, children, former spouse, dependants and any person with whom you are living in a close personal relationship is made. Without an adequate provision for those whose long term welfare is your responsibility, they could legally make a claim to cover their maintenance, education or advancement of life.
If you do not have a will, the legal procedures are more complicated and time-consuming and may cause expense, worry and even hardship to your family. The estate law provides a formula which sets out who is entitled to the property of a deceased person who has not left a will. The formula may not distribute your assets in the way you would have wanted.
You should appoint in you will a person called an executor to handle your affairs after you die. You can choose anyone to be your executor, but you should first ask them if they are prepared to take on the task and confirm with them that they have been appointed. You should consider making a new will if you separate, divorce or remarry. The original document should be kept in safe custody and your executor notified.
Have you been left out of a will?
The Succession Act 2006 (formally The Family Provision Act 1982) clearly sets out the categories of eligible persons who can make a claim against and contest a will, provided you can clearly establish reasons as to why you should be considered a beneficiary in the Will of a deceased estate. Challenging under the Succession Act is often a lengthy and detailed process. This is a very sensitive area of law and it is important that time limits are met. It can be stressful to deal with these problems on your own, our friendly and experienced team can guide you through making a claim in order to achieve the best possible outcome.
Benefits Of A Will
When you draft a will, you will be able to dictate where you want your assets to go after you die. Also, a will gives you the ability to grant authority to a person or to several people to control your assets, known as the executor. This person will deal with your assets according to your wishes and pass them on to the beneficiaries you have nominated in your will.
A valid, well-prepared will gives your family and loved ones the clarity they need to take care of your estate assets. While you might think you’re saving money by drafting a will yourself, you may end up incurring costly and lengthy estate claims and litigation processes. As your will is one of the most important documents you’ll sign, entrusting its preparation to an experienced, reliable lawyer is crucial. Linda Emery & Associates is on hand to simplify the process, clarify any concerns, and help you prepare a valid will that accurately reflects your wishes.
Hiring A Will Lawyer
When you choose Linda Emery & Associates to help you prepare your will, you will reap numerous benefits. Our experienced team brings a litigation perspective to the situation, and we will be able to consider factors that you might easily overlook. We will also make sure your will is signed correctly by you and your witnesses. If it is not, it can cause considerable difficulties and costs.
With Linda Emery & Associates, you will receive:
- A compliant, properly-signed and witnessed will
- Advice on ensuring the legal rights of beneficiaries, thus minimising disputes
- Guidance on managing your assets
- Personalised advice on your testamentary trust and circumstances
- Advice on will disputes and litigation
Wills come in all shapes and sizes. If your circumstances are more complex, particularly with blended families, you might need a more complex document. Further, if you require protection of assets, a testamentary trust will can give you the reassurance you need. Our professional team at Linda Emery & Associates is on hand to discuss your estate and determine the best way forward. Contact us today on (02) 4323 4766.
When To Contact Us
It is important you review your will on a regular basis, particularly when there have been changes of circumstance. We also recommend you get in touch if you have gone through any major life events. Certain changes can render your will invalid or incur significant changes, and in these cases you will need to change your will.
Contact our Linda Emery & Associates team if you have:
- Married: If you’ve made your will prior to marriage, it will now be invalid
- Become separated: Separation from your spouse won’t affect your will, but you might like to re-evaluate it
- Divorced: Your will will be void, and you will need to draft a new document
- Entered into a de facto relationship: These relationships can affect the validity of your will if you haven’t provided for them.
- Children: You need to consider providers for any children in your will, so if you have since had children you will need to revise the document.
- Lost a family member: : If a family member has passed away, you should review and draft a new will.
- Changed circumstances: Alterations in your personal circumstances or affairs can affect the validity of your will.
If you have any concerns about your will, or your situation has changed since you prepared your will with us, contact our expert legal team today. We’ll provide the friendly, knowledgeable advice and support you need to make sure your loved ones are provided for. Linda Emery & Associates – so much more than just law.