8 reasons to see a lawyer to make a valid Will

Wills and Estates: 19 August 2019

We frequently come across homemade Wills or Will kits which people have used to make their final wishes known to their loved ones.

As the Will maker has not received legal advice we often find errors in the Wills. As a result, it can make it difficult to probate the Will and administer or distribute the estate in accordance with the Will maker's wishes. This creates disputes between family members and leads to unnecessary legal costs of engaging solicitors to resolve the disputes.

To prevent disputes and to ensure that your final wishes are carried out, it is best to see a solicitor to prepare your Will.

A Solicitor Will:

1. Make a legal evaluation of your capacity which will minimise the risk of someone challenging your Will on the grounds that you did not have capacity to make your Will
2. Provide advice on nomination of appropriate executor/s
3. Provide advice on what assets form part of your estate and accurately list down the assets you can dispose of in your Will
4. Ensure precise drafting of gifts, in particular to charities, to safeguard the gift from failing
5. Provide advice about superannuation, trusts and businesses and what happens upon your death
6. Provide clear and precise drafting of testamentary intention to avoid confusion, disputes or possible intestacy
7. Provide advice to reduce the risk of challenges to your Will
8. Ensure that your Will is signed and witnessed properly and that your Will conforms to legal requirements

Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.