Wills in Australia are legal documents that specify how a person's assets and possessions should be distributed after their death.
Key Points About Wills in Australia
Legal Requirements
To be valid, a will in Australia typically needs to be in writing, signed by the person making the will (the testator), and witnessed by at least two people who are not beneficiaries of the will.
Testamentary Capacity
The testator must have the mental capacity to understand the consequences of making a will.
Executor
The testator appoints an executor in their will, who is responsible for administering the estate according to the terms of the will.
Intestacy
If a person dies without a valid will (intestate), the distribution of their estate is governed by intestacy laws, which may not reflect their wishes. In Australia, intestacy laws vary between states and territories.
Challenging a Will
It's possible for interested parties to challenge the validity of a will or its provisions under certain circumstances, such as lack of testamentary capacity, undue influence, or fraud.
Updating a Will
It's advisable for individuals to review and update their wills periodically, especially after significant life events such as marriage, divorce, the birth of children, or the acquisition of substantial assets.
It's important to note that the specifics of wills and estate law can vary between Australian states and territories, so it's advisable to seek local legal advice when creating or dealing with a will.
Wills in Australia are prepared by estate planning lawyers, who understand legal requirements and provide guidance on estate planning strategies to ensure assets are distributed according to the deceased's wishes.
A qualified wills and estates lawyer in Australia is recommended for creating or updating a will, ensuring it meets legal requirements, accurately reflects intentions, and provides advice on related matters.
Certainly, solicitors who specialise in dealing with wills and estate planning in Australia can provide comprehensive assistance with various aspects of estate planning and administration.
Key Will Services
Here are some key services that solicitors dealing with wills in Australia, such as Leyden Legal, offer:
Will Drafting
Solicitors can assist individuals in drafting legally binding wills that accurately reflect their intentions regarding the distribution of their assets and the appointment of executors and guardians if necessary.
Probate and Estate Administration
They can guide executors through the probate process, which involves proving the validity of the will and obtaining the necessary court authority to administer the estate. They also assist with estate administration tasks, including asset valuation, debt settlement, and distribution to beneficiaries.
Estate Disputes and Litigation
In cases of contested wills or disputes among beneficiaries, solicitors can provide legal representation and assistance in resolving disputes through negotiation, mediation, or litigation if necessary.
When choosing a solicitor to assist with your will and estate planning needs in Australia, it's essential to select a reputable and experienced professional such as Leyden Legal who understands your unique circumstances and can provide personalised advice and guidance.
