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The Will & Testament law in Canberra, Australia gives individuals the legal right to decide how their assets and properties will be distributed after their death. This involves preparation of a legally sound document, generally known as a Will. If a valid Will is not present, the person's assets will be distributed according to the law, which may not align with their wishes. Properly constituted estate planning includes Wills, trusts, powers of attorney, and health care directives.
Creating a Will is a legal process and if not executed accurately, it can lead to various complications for your beneficiaries. You might need a lawyer to avoid common mistakes and ensure that all legal requirements are met. A legal expert can provide advice on issues like beneficiaries, asset division, tax regulations, guardianship if minors are involved, and potential contests to the Will.
According to Canberra law, a Will is only valid if the testator is over 18 years of age and mentally sound. The Will must be in writing, and witnessed by two individuals who are not beneficiaries. If the testator dies intestate (without a valid Will), their estate will be distributed under the Administration and Probate Act 1929. In situations where the Will is contested, the laws under the Family Provision Act 1969 apply.
If you die without a Will, you are said to die intestate. The law provides rules for how your assets will be distributed which may not reflect your wishes.
Probate is the legal process that validates a Will. Whether you need it depends on the type and value of the assets left behind.
Yes, you can change your Will after it's been created as long as you are mentally sound, and the changes are made in accordance with the legal regulations.
Hiring a proficient lawyer can help you structure your Will in a way that minimises the chances of it being contested.
In principle, yes. You can leave your assets to whomever you like, but your Will can be contested by eligible people under the Family Provision Act 1969.
The ACT Law Society and Public Trustee for ACT can provide additional information and resources related to Estate Planning and Will & Testament law, including legal advice services, probate services, and trustee services.
If you require legal assistance in Canberra related to Will & Testament, consider consulting a proficient lawyer in estate law. They can help you understand your rights, obligations, and the process to make a robust Will & Testament. Moreover, they can guide you through probate, if required, and help tackle any issues that may arise after the testator’s death.
