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In Goulburn, Australia, Will and Testament law falls under the umbrella of Estate Planning. This legal regulation governs how an individual's estate is disbursed after their death, per their final will and testament. It is overseen by the New South Wales (NSW) legislation, particularly the Succession Act 2006 and the Probate and Administration Act 1898.
If you're drafting a will or acting as an executor of someone's estate, you can greatly benefit from the services of a legal expert. Complex situations that may require legal help include drafting wills with special requirements, setting up trusts, handling challenges or contests to the will, and ensuring the proper distribution of the estate. Legal representation becomes crucial in cases where the deceased person's estate consists of significant assets, overseas properties, or business interests. Even in seemingly straightforward cases, a competent lawyer can ensure the smooth execution of the will and prevent any potential legal issues.
In Goulburn and across New South Wales, a person of at least 18 years can make a will. The will should be in writing and signed by the testator in the present of two or more witnesses. Assets including personal belongings, properties, and financial investments can be included. If a will is deemed invalid, the estate may be distributed according to the intestacy rules outlined in the Succession Act 2006 (NSW).
Yes, but a self-written will may lack legal enforceability or fail to manage complex assets, leading to disputes. Accordingly, it's recommended to consult a lawyer when drafting a will.
In the absence of a will, your estate will be managed according to intestacy laws, which might not accord with your wishes. It could also lead to legal disputes among beneficiaries.
Yes, wills can be contested under certain circumstances, like: if they believed the deceased failed to make adequate provision for them, or if they believe the will is not valid.
It's prudent to review and update your will every 3-5 years or following major life changes such as marriage, divorce, birth of a child, or acquisition of substantial assets.
Though not as common as individual wills, joint wills are allowed. However, they often lead to complications and are generally less flexible than individual wills.
In addition to hiring a lawyer, individuals looking for more information about will and testament law in Goulburn can contact the Law Society of New South Wales, or browse the website of the NSW Trustee & Guardian, an administration that provides information and guidance on making a will, trusts and estate planning.
If you need legal assistance with a will and testament issue, first seek to understand your situation and legal needs. Write down any questions you may have. Then, search for a qualified, reputable lawyer in Goulburn who specializes in wills and estate planning. It's wise to consult some recommendations or reviews before deciding on a legal professional to entrust with your will.
