What is a Will?
A Will is a legal document used to communicate your wishes in relation to who receives your assets when you die. In the event that you die without having a valid Will, your assets will be distributed in accordance with a set pre-determined formula used for distributing the assets of intestate individuals, meaning individuals who die without a valid Will. Furthermore, in the event that your only living relatives are more distant than cousins, your estate will automatically go to the government.
Do I need a Will?
Anyone over 18 years of age should have a valid Will to ensure that their wishes are followed and their assets are distributed as they would want after they die.
What happens if I don’t have a Will?
A set pre-determined formula will be used to distribute your assets after your death as your wishes have not been documented and it is unknown who you would have liked to be appointed as your executor (meaning the person distributing your assets) or your beneficiaries (meaning the individuals you would like to receive your assets). The process of having your assets distributed will take longer and will be more costly without having a Will and this may cause your surviving spouse or relatives unnecessary, financial hardship and stress. It is also important to remember that if you are in a de-facto relationship your partner may be required to provide evidence that the relationship existed prior to being considered as a beneficiary of your Will.
I have a Will, do I ever need to review it or update it?
Yes, we suggest you review your Will regularly to ensure your Will remains valid. Changes in your life may create problems for others in interpreting your wishes or may automatically revoke your Will. You should specifically review your Will in the following situations:-
- If you marry or separate from your partner;
- If you have had any children;
- If your executor is no longer alive or unable to carry out the role of an executor;
- If you have disposed of any specific gifts left to beneficiaries, for example you have sold a particular property;
- If you acquire any new assets and you would like to make specific plans;
- If any of your beneficiaries named in your Will have died.
If you have a Will and would like to check its validity based on your current circumstances, please contact our office today and we will check your current Will FREE OF CHARGE!
Where should I store my Will?
Your original Will may be stored in our Safe Custody FREE of charge or you may store your Will in your own safe custody, in any event it is very important that your Will is kept at a secure and easy to access location. Whether you choose to store your Will in our safe custody or your own, it is also very important that you notify your executor of their appointment and the location of your Will, this will save time and eliminate the stress your family may face in finding your Will.
I was considering to use a do-it-yourself Will Kit, why is it better to use a solicitor?
In order for the Court to classify your Will as valid, it has to be drafted in a particular way using correct terminology and following strict legal requirements for execution and witnessing. Using a do-it-yourself Will kit may not provide you with the certainty you need to prepare a valid Will as the ordinary meaning of some words do not have the same legal meaning.
Our solicitors are highly qualified and are here to prepare your Will in accordance with your specific wishes whilst ensuring compliance with all legal requirements. We will also guide you through the process and answer any questions you may have no matter how broad or specific your wishes may be.
Can my Will be contested?
Whist having a Will enables you to specify your wishes, it does not eliminate the possibility of family members or friends who believe that they have been unfairly left out of your Will from contesting your Will, known as a family protection claim. We will discuss ways of making your reasons known of why you have left a particular person out of your Will to give the court a sense of explanation when considering any potential family provision claim.
Why is Zenith Legal your best choice when it comes to choosing a solicitor to draft your Will?
Here at Zenith Legal our clients are at the centre of everything we do. We have prepared countless Wills in the past for clients from different walks of life and we have found that there is ONE way to ensure the best outcome and that is to be prepared, be EXPERIENCED and be thorough. When it comes to drafting your Will the smallest details may make the biggest difference, so to ensure your wishes are documented in the most professional and cost effective way, call us today and schedule your appointment as tomorrow may be too late.