It is strongly recommended that everyone over the age of 18 makes a Will. Having a will means that you can determine how your estate is to be divided after your death. Without a will, the state decides how to divide your estate under rules specific to each state and territory.

Preparing a Will

A Will is a legal document that dictates what Will Lawyer Sydney happen to a person’s property and possessions after death. It can also name guardians for children and designate an executor to manage their affairs. While it cannot avoid probate, a Will can help ensure that the person’s wishes are carried out after their death. It can also protect their assets from being squandered by creditors or from being lost in litigation.

A lawyer can help people prepare their Wills and can explain any estate planning options that may be beneficial for them. They can also advise them on any tax issues that might arise. In addition to a Will, a client may want to include a letter of instruction, a durable power of attorney, or a medical directive.

Before preparing a Will, a client should take inventory of their assets, including financial items and personal belongings. They should also make a list of beneficiaries and determine their preferences. It is a good idea to change the beneficiaries regularly.

Defending a Will

Defending a will is the process of disputing an inheritance claim. This can include challenging the will on the basis that it is invalid because of undue influence, fraud or forgery or claiming that the deceased was not of sound mind when they made the will. The process of defending a will involves gathering evidence, understanding the grounds for contesting the will and negotiating with the other party.

A lawyer with experience in defending a will can provide you with expert advice and help you achieve a successful outcome. They can help you avoid unnecessary delays and expense by working out of court. They can also facilitate settlement negotiations that can be less stressful for families. Inheritance dispute claims can be costly and lengthy, so it’s important to seek professional legal advice as early as possible. Defending a will can also expedite the probate process and allow beneficiaries to receive their inheritance sooner. This is particularly beneficial if the estate contains a significant amount of assets.

Obtaining a Copy of a Will

Having a valid Will is important for your loved ones after you have passed away. Without a Will, the state governs how your estate is distributed and this can often lead to unintended consequences for your family members. Our Sydney Wills and estate lawyers can help you write a Will and carry out estate planning to ensure that your loved ones are taken care of.

When a person dies, their Will is typically filed with the court. You can visit the local courthouse to get a copy of the file for a fee, which includes an ordinary and certified copy of the document. The latter is stamped and certified by the court as an exact copy of the original.

You can also ask the executor of the estate for a copy of the Will. It is possible that the person kept their will somewhere in their home, such as a safe or lock box. You may also want to check their filing cabinets and private offices for the Will.

Disputes over a Will

A Will Lawyer Hurstville can help minimise the stress and arguments that can follow the death of a loved one. Nevertheless, it is not uncommon for disputes to arise over a deceased person’s estate. It is important to get legal advice as soon as possible. This can allow for steps to be taken to stop administration of the estate and prevent distributions from being made.

Disputes can also arise over the form of a will, or the way that it was prepared. For example, a person may have been under pressure or unduly influence when they wrote their will. This can cause it to not reflect their true wishes.

Another common reason to contest a will is where there was a breach of fiduciary duty by someone involved in the preparation or execution of the will. This can include an executor or a beneficiary. You can claim under the Inheritance Act 1975 for reasonable financial provision if you believe that your claim has been compromised in this way.