Authored by Athena Nagel
Do you need a will?
A will is an important legal document, but a majority of the population still does not consider preparing a will. Do you realise what will happen after you die and why do you need a will? Your family will have to struggle to get probate from the court, and things that you did not desire ever will happen according to legal guidelines.
According to Australian law, any resident above the age of 18 years can make a will in presence of two witnesses and the director. Irrespective of your age, it is always wise enough to hire a will lawyers Sydney who can lawfully assist you in preparing a correct legal document.
A will is the last and final testament of a human being. And, it is used to distribute the assets belonging to the deceased amongst their family members. Suppose you die without making a will; then the legislature will apply its standard formula to distribute the asset you own within the members of your family. So, if you don’t want such a situation to occur in your life, you must hire a will attorney in Sydney and seek their advice.
What will an estate planning lawyer do?
The legal requirement of making a registered will is mentioned in section 6 of the Succession Act 2006 (NSW). An estate attorney will explain each of the provisions as mentioned in the Succession Act, based on which they will assist you to prepare a legal document. Below are some conditions that you’ll understand without the help of a lawyer,
- The will must be handwritten or printed.
- The registration and signature on the will by the will-maker must be done in the presence of two witnesses and the registrar.
- The witness does not need to know the mentions in the will.
There is more to it, but for that, it would be best that you consult an attorney.
Why should you create a will?
If you plan your estate, you will put an end to all complications. It avoids taxation costs; there is no need for probate and legal formalities; you can appoint an executor to maintain peace and harmony and mention details of distributing your assets.
Who can be the witness?
When you hire your will attorney in Sydney, they will give you the details of who can or cannot be the witness. However, as per NSW laws, no beneficiary has to be a part of the will registration process. A third person from your extended family, friends or confidant can be your eyewitness.
Even after making a will, if there is a conflict within the family, the members have the absolute right to challenge it in court. It is a stressful and expensive process that your family members will have to deal with. If your family believes that the distribution of assets isn’t correct, they have the absolute right to challenge the will in court. However, the deciding authority then shifts in the legislature’s hands who then gives a final verdict.
Sounds like a challenging and stressful process? Talk to a trusted will attorney in Sydney, and you’ll see how seamless the process is if you know what to do. You do your research and shortlist top attorney offices in Sydney and seek their consultation.