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Wills and Testament law in Wynyard, Australia, comes under the jurisdiction of the Tasmanian statutes. Legally speaking, a Will is a document that sets out how a person wants their assets distributed after they pass away. In Australia, individuals over the age of 18 who have the mental capacity to understand the consequences of their actions can prepare a Will. Legislation and specific legal requirements regarding the creation, execution, and interpretation of Wills are mainly dictated by the Wills Act 2008 (Tas).
Experts highly recommend hiring a lawyer for drafting a Will. Common situations where people may need legal help include, but are not limited to, when there are large or complex estates involved, in the presence of dependents or minor children, when there is business ownership, in case of previous marital relationships or disputes among potential beneficiaries, or to avoid potential tax issues or claims against the estate. A lawyer specialized in this field can provide advice to ensure the Will is valid and accurately reflects your wishes.
The Wills Act 2008 (Tas) sets out the necessary legal formalities for a Will to be valid in Wynyard, Australia. The Will must be in writing, signed by the person making it (the testator), and witnessed by two adults who are not beneficiaries. It should also categorically state the distribution of property after the death of the testator. If not correctly executed, a Will can be challenged in court, leading to potentially costly legal battles and a delay in the distribution of the estate.
If a person dies without a Will, they are deemed to have died "intestate". In such cases, the distribution of the estate will be determined according to the Intestacy Act 2010 (Tas). This could mean that certain individuals whom you would have liked to inherit may miss out, and others whom you wished not to benefit might inherit.
Yes, you can change your Will after it's created, as long as you have the mental capacity to do so. This is typically done through a 'codicil', an amendment, or by creating an entirely new Will. It's recommended to review your Will every few years or after significant life events.
An executor is a person responsible for carrying out your wishes as per your Will. You should select someone who is trustworthy, reliable, and capable of carrying out the duties involved, which may include dealing with your debts, distributing your assets and dealing with legal formalities.
Yes, a Will can be challenged after your death for several reasons including but not limited to, doubts about mental capacity at the time of writing the Will, undue influence, lack of proper form, or insufficient provisions for family and dependants.
Yes, a lawyer can act as an executor of your Will. Some people prefer this option as it can leave a neutral party responsible for executing your wishes and ensuring professionalism throughout the process.
The Tasmanian Legal Aid Commission provides resources and aid that can be helpful to someone in need of legal advice regarding Wills and Testaments. The Law Society of Tasmania also provides a directory of solicitors specialising in this field.
If you need legal assistance in drafting or changing a Will, or dealing with an estate, you should contact a lawyer who specializes in Wills and Estates. You can find a legal specialist through the Law Society of Tasmania’s directory or via the Tasmanian Legal Aid Commission.
