Why professional legal guidance is crucial for drafting your will

03/04/2024 | Wills & Estates

Creating a will is one of the most significant legal decisions you can make in your lifetime, yet it is often overlooked or postponed. In Australia, having a will is not just for the elderly or the wealthy; it is a crucial document that every adult should consider. Here, we delve into why having a will is essential for everyone, including you.

Control Over Asset Distribution

Without a will, your assets are distributed according to the standard laws of intestacy in Australia, which may not align with your personal wishes. This is particularly important if you have a blended family or children from previous relationships. A will empowers you to decide exactly how your assets, including property, savings, and personal items, are allocated after your passing. Whether it’s leaving a cherished piece of jewellery to a special someone or ensuring your children are financially supported, a will gives you the control.

Protecting Your Family’s Future

If you have dependents, a will is critical for protecting their future. It allows you to appoint a guardian for your minor children, ensuring they are cared for by someone you trust in the event of your death. Additionally, a will can set up financial provisions to support their upbringing, education, and other needs, providing peace of mind about their well-being.

Minimizing Legal Complications

The absence of a will often leads to complicated legal processes for your loved ones. There are different legal requirements for a valid will. For example, did you know that if you made a will before you married, that marriage automatically cancels the will? Disputes over estate distribution can result in lengthy and costly legal battles, causing stress and potentially straining family relationships. A clear and legally valid will can minimize these disputes and ensure a smoother transition of your assets. It is critical to seek legal advice regarding the best way to share your assets if you are in a blended family. If you pass away before your spouse and your spouse inherits your assets, your children will not have the same rights to claim from his estate as stepchildren. There are exceptions to this rule so it is important to seek legal advice when drafting your will.

Reflecting Life Changes

Life is full of changes, such as marriage, divorce, the birth of children, or the acquisition of significant assets. A will can be updated to reflect these changes, ensuring that your current circumstances and wishes are accurately represented. Regularly reviewing and updating your will ensures that it remains relevant and effective.

Peace of Mind

Perhaps the most compelling reason to have a will is the peace of mind it brings. Knowing that your affairs are in order, and your wishes will be respected, can provide great comfort to both you and your loved ones. It’s a way of ensuring that your legacy is preserved and passed on as you intend.

Streamlining the Estate Administration Process

With a will in place, the process of administering your estate is generally more straightforward. Executors, whom you appoint, will have clear instructions on how to manage and distribute your estate, reducing the administrative burden and uncertainty during a difficult time.

Conclusion

In Australia, the importance of having a will cannot be overstated. Although you don’t have instruct a lawyer to make your will, A substantial number of these cases have proceeded to litigation and persisted for extended periods, causing emotional distress and potential financial difficulties for the deceased’s family. In general, solicitors typically charge a reasonable fee for the preparation of a will. If you consider that this document holds immense legal significance, it is a false economy to attempt to DIY your will without the guidance of a qualified legal professional. No matter your age or the size of your estate, the decision to create a will is a significant and thoughtful step towards planning for the future. Remember, a will is not just for you; it’s a gift of clarity and security to those you love.