Best Will & Testament Lawyers in Bandaragama

About Will & Testament Law in Bandaragama, Sri Lanka

Will and Testament laws in Bandaragama, Sri Lanka are designed to ensure that an individual's property and assets are distributed according to their wishes after their death. This legal document also appoints executors to manage the estate until its final distribution. The primary aim is to minimize disputes among heirs and to ensure proper management of the deceased's estate.

Why You May Need a Lawyer

There are various situations where legal assistance might be necessary when dealing with Wills & Testaments:

• Creating a will: To ensure the document is legally binding and accurately reflects your wishes.
• Updating a will: When there are significant life changes such as marriage, divorce, or the birth of a child.
• Executing a will: To manage the legal aspects of administering the estate.
• Disputes: When there is contention among beneficiaries or other involved parties.
• Complex estates: Involving numerous assets, business interests, or multiple jurisdictions.

Local Laws Overview

Sri Lankan law, under the Civil Procedure Code and the Wills Ordinance, governs Wills and Testaments. Key aspects include:

• Who can make a will: Any person of sound mind and above the age of 21.
• Witness requirements: A will must be signed by the testator and witnessed by two individuals.
• Revocation: A will can be revoked by creating a new will, or by specific legal declarations.
• Probate process: Filing the will in a court to authenticate and execute the testament.
• Inheritance taxes: Local laws stipulate that certain taxes may be applied to the inheritance received.

Frequently Asked Questions

What is a Will?

A Will is a legal document in which a person specifies the method to be applied in the management and distribution of their estate after their death.

Do I need a lawyer to draft a Will?

While it's not legally required to hire a lawyer to draft a Will, it's highly recommended to ensure the document is legally sound and will hold up in court if challenged.

How can I change or update my Will?

You can change or update your Will by creating a new Will or by adding a codicil, which is an amendment to the existing Will.

What happens if I die without a Will?

If you die intestate (without a Will), your estate will be distributed according to the laws of intestacy, which may not align with your personal wishes.

Can a Will be contested?

Yes, a Will can be contested on several grounds such as lack of testamentary capacity, undue influence, or if the Will was not executed properly.

How is a Will executed?

After the testator’s death, the executor must submit the Will to the court for probate, after which the estate is distributed according to the deceased's wishes.

Who can be an executor of a Will?

Any competent adult, preferably someone who is trustworthy and organized, can serve as an executor of a Will.

What is probate?

Probate is the legal process through which the court authenticates a Will and grants the executor the authority to distribute the estate.

Is a foreign Will valid in Sri Lanka?

Yes, a foreign Will can be valid in Sri Lanka, provided it complies with Sri Lankan laws where applicable and is properly authenticated.

Can a Will be made jointly with another person?

No, in Sri Lanka each person must create their own individual Will. Joint Wills are not recognized legally.

Additional Resources

Consider reaching out to the following resources for further assistance:

• Ministry of Justice: Oversees legal affairs and justice in Sri Lanka.
• Bandaragama Local Government Office: For local legal deed registrations and resources.
• The Bar Association of Sri Lanka: Provides a directory of licensed lawyers.
• Legal aid organizations: Offer free or low-cost legal advice for eligible individuals.

Next Steps

If you need legal assistance, consider the following steps:

1. Consult with a qualified lawyer specializing in Wills & Testaments.
2. Gather all necessary documents including asset records and identification.
3. Discuss your wishes clearly with your lawyer to ensure they are accurately reflected in your Will.
4. Regularly update your Will to reflect any significant life changes.
5. Inform your executor and key family members about the existence and location of your Will.