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Will & Testament law in Mount Waverley, Australia permits adults over the age of 18 to legally express their wishes regarding the distribution of their assets after death. A document of a Will, prepared and notarized under the testimony law, can ensure that your estate is passed to your loved ones as per your desires. The Testator may assign an executor who can handle their estate after their demise.
There are several situations where you might need a lawyer. These include but are not limited to complex estate planning, creating a testamentary trust, contesting a will, or if there are claims against your estate. Additionally, you may require legal help if you want to establish power of attorney or if you need to administer a deceased estate. If you have international assets or run a business which should continue to operate after your time, a lawyer can help manage those complexities.
Local laws in Mount Waverley require that a Will must be in writing, signed by the testator and witnessed by two individuals not named in the Will. If you die intestate (without leaving a Will), local laws dictate how your estate will be distributed, generally to close family members. Furthermore, the validity of a Will may be challenged in probate court under certain circumstances, such as claims of undue influence, fraud, or if the testator did not have sound mind.
Yes, Australian law allows for an individual to author his/her own Will, however, to ensure it's legally binding and accurately reflects your wishes, it's generally advisable to get assistance from a lawyer.
When a person dies without leaving a valid Will, they die intestate. In such situations, their estate will be distributed according to the specific laws of the state.
No, a Will cannot generally be altered after the death of the person. However, a court may approve the alteration under certain strict conditions.
A testamentary trust is a trust set out in a Will that only takes effect after the death of the person. It can be a useful tool for tax purposes and protective benefits.
Under Australian law, any individual who believes they have been unfairly treated or left out of a Will can raise contestation. This usually includes close relatives or dependents.
You can refer to the Victoria Law Foundation and Victoria Legal Aid for educational resources and guides about Wills and Estate Planning. The Law Institute of Victoria also provides information about this subject and can guide you towards professional legal services.
If you need legal assistance, it is recommended to search for a local professional with a specialization in Will & Testament. They can provide personalized advice and guide you through the process. Preparation is key, so gather all important documents relating to your assets and start discussing your estate planning objectives.
