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As part of Australian law, in the field of Wills and Testament, Box Hill residents have the legal right to determine how their assets and properties will be distributed after their death. This is typically done by drafting and executing a valid Will. Testators (person making a Will) can stipulate allocation of their estate to family, friends, or charitable entities in their Will. It's important to note that Wills in Australia, including Box Hill, must adhere to certain legal standards to be valid.
Consulting a lawyer when drafting a Will can make the process smoother, ensuring all legal requirements are met. An expert can help avoid common pitfalls that lead to disputes or challenging a Will. A lawyer can assist in complex situations like a blended family structure, overseas assets, or an extensive estate. Furthermore, if you want to contest a Will or defend against a challenge, the legal insight provided by a lawyer would be essential.
In Box Hill, as per the Wills Act 1997 (Vic), the testator must be at least 18 years old and of sound mind. A Will must be in writing, signed by the testator and witnessed by two individuals. The law also recognizes updated versions (codicils) and permits alterations before the testator's death. A Will can be declared invalid if the testator's capacity or the legitimacy of their consent is questioned.
If a person dies without a valid Will (intestate), the law will dictate how the estate will be distributed, typically among closest relatives.
While you can write your own Will, it's recommended to seek legal advice to ensure the Will's validity, clarity, and that it accurately represents your wishes.
Overseas assets can be included in your Australian will. However, the application of the Will to overseas properties depends on the laws of the respective country.
A Will can be contested if the person challenging can prove they're an eligible person (like a child, spouse) and that the Will didn’t provide adequate provision for them.
Selecting an executor is an important decision. It can be anyone you trust who is over 18 years old. For complex estates, appointing professional executors like trusted lawyers or banks may be beneficial.
For those seeking more information or wanting to draft a Will, resources such as the Victoria Legal Aid, Law Institute of Victoria, or seniors rights services can be beneficial. There are also several local law firms in Box Hill that specialize in estate planning and Wills.
If you need legal assistance in wills and testament in Box Hill, begin by speaking to a legal expert in this field. Ensure you gather all necessary information regarding your assets, both local and international, and have a clear idea of your distribution wishes. Legal experts can guide you through the laws and regulations to ensure your Will is legally valid and correctly represents your wishes.
