Best Will & Testament Lawyers in Forster

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Stacks Collins Thompson

Stacks Collins Thompson

Forster, Australia

Founded in 1931
500 people in their team
About usStacks Law Firm is a dynamic group of law firms which together offer a wide range of legal services throughout NSW, QLD and ACT. Each firm is...
English

About Will & Testament Law in Forster, Australia

The law of Will & Testament in Forster, Australia, is governed by the Succession Act 2006 (NSW). This body of law stipulates who is eligible to make a will, what can be included in a will, and the processes required for a will to be legally valid. It further provides the guidelines to deal with disputes over a will and how an estate should be distributed in the absence of a valid will.

Why You May Need a Lawyer

Employing the services of a lawyer becomes essential when creating or amending your will. A lawyer can ensure that the will is legally valid, clarifies your intentions, and minimizes potential for disputes. In cases where the deceased person's will is contested, a lawyer can act on your behalf for resolution. A lawyer can assist you when interpreting, executing, or administrating a will and simplifies complex legal jargon that may be hard for non-legally trained individuals to understand.

Local Laws Overview

Key points under the Succession Act 2006 that people in Forster, Australia, should be aware of include: To make a will, you must be 18 years old or married. The will must be written, signed by the will-maker and witnessed by two others who are not beneficiaries. If a will is contested, the court has the authority to make decisions about distribution based on factors like relationship to the deceased, financial resources, and the needs of the claimant. Without a valid will, your assets will be distributed according to statutory rules.

Frequently Asked Questions

1. Can I make a will without a lawyer?

While it's legally possible to draft a will without a lawyer, it's highly advisable to consult one. This ensures that the will is legally sound, respects your wishes, and minimizes potential disputes.

2. What happens if I die without a will?

If you die without a will in Forster, Australia, your property will be divided according to prescriptive rules under intestacy law contained in the Succession Act 2006 (NSW).

3. Can a will be contested?

Yes, a will can be contested. Family members, dependants, or anyone who believes they have not received a rightful share can contest the will.

4. How often should I update my will?

Updating your will must occur as life changes such as marriage, divorce, birth of a child or significant financial changes ensue. It's advisable to review your will every 2-5 years.

5. What makes a will valid?

A will has to be written, signed by the will-maker and two witnesses not listed as beneficiaries. The will-maker must be over 18 or married and of sound mental capacity.

Additional Resources

The Law Society of New South Wales, the NSW Trustee & Guardian, and the Australian Securities and Investments Commission offer resourceful guidelines about wills and estate planning.

Next Steps

If you need legal assistance in relation to Will & Testament. Identifying a credible local lawyer specializing in wills and estate law should be your first step. An initial consultation will help understand your legal needs, rights, responsibilities, and the ideal course of action.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.