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The Will & Testament law in Devonport, Australia, is centered around creating and maintaining documents that dictate how an individual’s estate will be managed after their death. This includes the distribution of assets, care for dependents, and payment of debts. The law is primarily guided by the Succession Act of 1981 and the principals of common law.
While it is possible for an individual to create a Will & Testament on their own, a lawyer's guidance can be invaluable. A legal professional can help draft a clear, legally-compliant document that accurately reflects your wishes and potentially prevents disputes after your death. A lawyer might be needed in complex situations involving large estates, blended families, trusts, overseas assets, or if you wish to exclude a family member from your will.
In Devonport, Tasmania, the local laws relative to Will & Testament include the individual being of sound mind and at least 18 years of age. The will must be written and signed by the will-maker and witnessed by two or more persons. Witnesses must also sign the will in the presence of the will-maker. There are also specific rules about who can serve as a witness, and how changes to the will must be made.
Yes, a will can be changed at any time as long as the person making the will is still mentally capable.
An executor should ordinarily be someone whom you trust unequivocally. Common choices include spouses, adult children, or legal professionals.
If a person dies without leaving a valid will (this is known as dying intestate), their assets will be distributed according to a legal formula under the Administration and Probate Act 1935 (Tas).
Yes, you can. However, disinheriting a family member, especially a spouse or a child, can lead to challenges against your will after your death.
It is recommended to review your will every 3-5 years or whenever a significant life change occurs such as marriage, divorce, birth of a child or changes in your financial situation.
The local Law Society of Tasmania provides resources and tools for understanding Wills & Testament laws and finding a lawyer. The Public Trustee of Tasmania also offers services for will-making and estate administration.
If you decide that you need legal assistance in drafting your Will & Testament, your first step should be to find a solicitor specializing in estate planning. Once you have found an attorney you feel comfortable with, prepare for your first meeting by gathering any relevant documents and writing down your questions and concerns. Remember that it's your will, and it should accurately reflect your wishes.
