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A Will is a legal document that outlines how an individual wants their estate to be distributed after they pass away. In Edwardstown, Australia, as per the law, a Will must be in writing and signed by the testator (the person making the Will) in the presence of two witnesses. The law also dictates who can and cannot benefit from a Will. The testament is the act of providing for the disposition of one’s property after death.
It’s crucial to seek legal help for the preparation of a Will & Testament because of the legal complexities involved. There might be situations where an individual has complex family dynamics, large or complex assets, or wishes to establish a testamentary trust in their Will, and in these cases, it's crucial to get professional legal advice. Moreover, a lawyer ensures the Will is properly executed and fulfills all legal requirements, reducing the chance of it being contested.
In Edwardstown, the local laws state that any individual aged 18 years or over and of sound mind can make a Will. While it's not mandatory to hire a lawyer to draft a Will, it is highly recommended, especially in cases with complexity. If a person dies without a Will (intestate), the distribution of their estate is decided in accordance with the South Australian legislation which may not reflect their wishes.
In Edwardstown, if you die without making a Will, you're deemed to have died 'intestate'. In such a situation, the South Australian legislation decides how your assets are distributed, which may not reflect your wishes.
You generally have freedom to leave your property to anyone you wish, but the law does restrict this in some cases. For example, you have a moral duty to provide for those who are dependent on you. If you don't, they can make a claim against your estate.
While it's not legally mandatory, it's wise to use a lawyer to draft your Will, particularly if your situation is complex. A lawyer ensures it meets all legal requirements.
Yes, a Will can be contested on several grounds, such as undue influence, poor execution, or the incapacity of the testator. A lawyer can help reduce the chances of a Will being contested.
Yes. It's recommended to review your Will periodically or when your circumstances change, like marriage, divorce, or the birth or death of a beneficiary.
There are various resources available for those seeking advice or further information in the field of Wills and Testaments. These include the Law Society of South Australia, the Public Trustee of South Australia, and the Australian Taxation Office.
If you're seeking legal assistance in drafting or revising your Will & Testament, it is recommended to consult with a professional lawyer proficient in this field. They can prepare an apt Will that reflects your wishes and adheres to the legal requirements.
