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In Essendon, Australia, the legalities surrounding Will & Testament are supervised under the State Laws of Victoria. A Will is a legal document that sets out how a person wants their assets (estate) to be distributed after they pass away. It’s crucial to have a legally valid and up-to-date Will to ensure your assets are protected and distributed according to your wishes.
It is often beneficial to seek the assistance of a lawyer when drafting a Will & Testament. A lawyer can provide guidance on complex matters such as estate tax laws, ensure the will is legally valid and that your wishes are clearly articulated. Common situations where a lawyer's help may be required include when you have a large estate, when your will is likely to be contested, or when you own assets overseas.
The Wills Act 1997 governs the making of Wills and Testaments in Essendon, Victoria. According to the law, anyone over 18 years of age can make a will if they have the mental capacity to understand, acknowledge and execute the document. The will must be in writing, signed by the testator and witnessed by two adults who are not beneficiaries. If these procedures are not correctly followed, the will may not be valid.
Yes, you can make a Will by yourself. However, it is advised to get it reviewed by a lawyer to check for any errors or omissions that could cause it to be declared invalid.
If you die without a valid Will (intestate), your estate will be distributed according to pre-determined laws. These laws may not always align with your personal wishes on how your assets should be divided.
Yes, a Will can be contested by a spouse, children, and in some cases, other people who were financially dependent on the deceased person.
Yes, you can change your Will at any time as long as you have the mental capacity to do so. It's often recommended to review and potentially update your Will during significant life changes.
Yes, a lawyer can act as a witness to your Will. However, a lawyer who is a beneficiary or the spouse of a beneficiary cannot be a witness.
The Victoria Law Foundation, the Public Trustee of Victoria, and the Law Institute of Victoria offer various resources and information relating to Wills and Estate laws. These resources can provide valuable insights and help you understand the complexities of Will & Testament laws.
If you require legal assistance in drafting or amending a Will, or if a loved one has passed away and you are uncertain about the next steps, consider reaching out to a lawyer specialising in Will & Testament law. The Law Institute of Victoria provides a directory of solicitors that can provide expert advice on wills and estates.
