Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Morphett Vale, Australia, like the rest of South Australia, the law regarding Wills & Testaments is governed by the Wills Act 1936 and the Inheritance (Family Provision) Act 1972. It's essentially about making a legal document that details how you want your property and assets distributed after your death. The testament is an important part of the Will, ensuring your last wishes are respected. These laws are put in place to ensure clarity, minimize disputes, and provide a fair process for the distribution of your assets.
While one can prepare a Will without legal assistance, consulting with a lawyer ensures your Will is legally valid, clear, and represents your wishes accurately. You may especially need the help of a lawyer if you own property, have a blended family, want to leave assets to a trust, or your estate is large. Additionally, changing circumstances like marriage, divorce, the birth of a child, or the death of a beneficiary also often require professional advice.
In South Australia, a Will must be written, signed by the will-maker and witnessed by two adults present at the same time. Witnesses cannot be beneficiaries of the Will. If you die without a Will (intestate), your estate is distributed according to a pre-determined legal formula. If you're married or in a domestic partnership at the time of your death, your estate first goes to your partner. If you have children, they receive the estate if your partner is deceased.
Yes, it is legally possible to draft your own Will. However, to avoid potential problems like unclear wording, failure to provide for all assets, or invalid signature, it is advised to seek legal assistance.
If you die without a Will, your estate is shared according to a pre-determined formula. In most cases, it goes to the closest living relatives, starting with your spouse or children.
Attempting to disinherit a spouse or dependent children can lead to a court challenge. It’s important to seek legal advice if you're considering such a decision.
It's recommended to review your Will every 3 to 5 years or after significant life events like marriage, divorce, the birth of a child, or the death of a beneficiary.
Any two adults can witness your Will, as long as they are not beneficiaries or the spouse of a beneficiary.
The Public Trustee of South Australia provides a range of services, including advice and preparation of Wills. The Law Society of South Australia also offers a Find a Lawyer service that can help you locate legal professionals specializing in Wills and Estates.
If you require legal assistance in preparing or updating your Will, take the first step by identifying and contacting a reputable legal professional in Morphett Vale. Provide them with detailed information about your assets and liabilities, beneficiaries, and how you wish your estate to be distributed. Remember, a well-drafted Will is key in ensuring your last wishes are respected.
