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Drafting Wills: A Family Lawyer’s Top Tips

Jan 16, 2023

What is a Will?

A Will is a legal document that outlines how your assets will be distributed upon your death. It may also include provisions for the care of minor children.

Do I have to update my Will?

It’s important for your Will to accurately reflect your current life circumstances. If you’ve experienced significant changes since drafting your Will, such as marriage or becoming a parent, it’s advisable to update it with personalised drafting wills services in Qld from The Legal House. Failing to do so may result in your assets being distributed differently than intended.

Who should I appoint as my Executor?

When choosing an Executor, consider someone who will act in the best interests of your estate. Avoid appointing someone who may pass away before you or create conflicts. It’s crucial to appoint someone you trust and discuss their willingness to take on the responsibility. The Executor will make decisions regarding estate administration and the care of any minor children left behind. Consider balancing personal and legal implications by appointing a trusted family member and a professional, such as an Accountant or Solicitor, as your Executor.

How should I distribute my assets?

While you have the freedom to distribute your belongings as you wish, it’s essential to consider providing for those closest to you who depend on your support, such as your spouse and children. Neglecting to adequately provide for eligible beneficiaries may lead to family provision claims. Keep in mind that superannuation does not automatically form part of your estate, so consult with the trustee of your superannuation fund to ensure your interests are distributed according to your wishes.

Can I do my own Will?

You have the option to write your own Will, even in a simple format like a note on your kitchen bench or phone. However, it’s advisable to seek legal advice from the Wills & Estates Lawyers at The Legal House. Their expertise will help reduce the potential for future legal challenges and ensure your Will is a legally binding document.

What if someone forces me to change my Will?

Forcing or coercing someone into changing their Will is illegal. If this occurs, a court can overturn the compromised Will and consider evidence from those closest to the deceased to determine the best division of estate assets.

Dividing your assets after your death is your choice, but it’s important to consider making proper provisions for those who depend on you. If you need assistance in preparing your Will, reach out to The Legal House for a free consultation and independent legal advice at info@thelegalhouse.com.au.

A Will is a legal document that outlines how your assets will be distributed upon your death. It may also include provisions for the care of minor children.

Do I have to update my Will?

It’s important for your Will to accurately reflect your current life circumstances. If you’ve experienced significant changes since drafting your Will, such as marriage or becoming a parent, it’s advisable to update it with personalized drafting wills services in Qld from The Legal House. Failing to do so may result in your assets being distributed differently than intended.

Who should I appoint as my Executor?

When choosing an Executor, consider someone who will act in the best interests of your estate. Avoid appointing someone who may pass away before you or create conflicts. It’s crucial to appoint someone you trust and discuss their willingness to take on the responsibility. The Executor will make decisions regarding estate administration and the care of any minor children left behind. Consider balancing personal and legal implications by appointing a trusted family member and a professional, such as an Accountant or Solicitor, as your Executor.

How should I distribute my assets?

While you have the freedom to distribute your belongings as you wish, it’s essential to consider providing for those closest to you who depend on your support, such as your spouse and children. Neglecting to adequately provide for eligible beneficiaries may lead to family provision claims. Keep in mind that superannuation does not automatically form part of your estate, so consult with the trustee of your superannuation fund to ensure your interests are distributed according to your wishes.

Can I do my own Will?

You have the option to write your own Will, even in a simple format like a note on your kitchen bench or phone. However, it’s advisable to seek legal advice from the Wills & Estates Lawyers at The Legal House. Their expertise will help reduce the potential for future legal challenges and ensure your Will is a legally binding document.

What if someone forces me to change my Will?

Forcing or coercing someone into changing their Will is illegal. If this occurs, a court can overturn the compromised Will and consider evidence from those closest to the deceased to determine the best division of estate assets.

Dividing your assets after your death is your choice, but it’s important to consider making proper provisions for those who depend on you. If you need assistance in preparing your Will, reach out to The Legal House for a free consultation and independent legal advice at info@thelegalhouse.com.au.

Nick Harrison

Nick Harrison

Founder & Solicitor

Nick is passionate about family law, domestic violence, and wills and estates, Nick has been practising as a Solicitor of the Supreme Court of Queensland and the High Court of Australia since 2012.  He provides practical legal advice to his clients, using his unique blend of impeccable legal skills and real-life experience as a police officer, husband and father.

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