All You Need To Know About Wills

Law Blog

A will enables you to determine estate management and property division after you die. Most people do not comprehend how wills work. Below provides some insights into how wills work. Hopefully, this piece should help you draft and execute wills. 

A will is a document detailing how a testator intends to divide property among beneficiaries. If you intend to write a will, the best approach would be to hire a wills and estates attorney. There are various compelling arguments to engage the professional. For instance; 

  • The wills and estates lawyer understands the local probate laws. Therefore, they ensure your will meets the minimum standards.
  • The lawyer can help you determine viable estate management strategies. For instance, they could recommend paying off debts or selling depreciating assets.
  • The wills and estates lawyer can help store your will. It prevents incidences of duplicate and fake wills.
  • The wills and estates lawyer is best suited to amend the will when your financial situation changes. Typically, they use codicils to amend the document. 

Once you hire the lawyer, their immediate task is to establish your wishes. For instance, you might want to leave some property to your family and transfer cash to charity organisations. The lawyer then offers insights on how to make a watertight will. For example, you could recommend setting up a charity trust instead of sending a lump sum to the charity. It allows you to determine how the charity can spend the money. The lawyer could also help you protect online assets, such as cryptocurrency, that could be challenging to retrieve. Once you draft the will, the lawyer assesses it to ensure it does not contain contradictions. They also make sure that witnesses sign the document. 

The lawyer also informs how to choose an executor. Ideally, the individual should be trustworthy and available to execute the will. If possible, the estate should have at least two executors. This way, the beneficiaries do not need to move to court if the primary executor is unavailable to file for probate. Once you die, the lawyer works with your executor to file for probate. The professional helps the executor manage the property and transfer it to the beneficiaries. In some cases, your family or beneficiaries could dispute the will. The lawyer explains the consequences of a wills dispute. For instance, they could recommend an out-of-court settlement to ease the probate process and reduce legal charges. The lawyer could also explain the outcome of a court process. This way, beneficiaries can decide whether or not to dispute the will. 

For more info about wills, contact a local company. 


26 July 2023

Learning about the law

I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).