Wills Lawyer Brisbane
Why should you have a will?
People have a mistaken notion that only the wealthy should have wills, and this couldn’t be further from the truth. In fact, we highly recommend every adult Australian to seriously consider making a will.
With a will, you can explicitly state your wishes concerning the manner by which your estate should be distributed when you pass away.
A will is a legal document that, when properly drafted and executed, enables you to:
- Designate your own executor
- Assign or give certain gifts to specific people
- Appoint guardians for your children
- Have testamentary trusts set up for your loved ones so your money and assets are properly used or invested to serve the interests of your named beneficiaries
- Make business arrangements to ensure your business continues to run, arrangements are made, or a suitable buyer is found
A will gives you control over how your estate will be dealt with after your passing.
There is no legal requirement or laws that make wills mandatory.
However, if you pass away without a will, you will be considered to have died ‘intestate’ – meaning your estate will be subject to the Succession Act 1981 (Queensland). Your estate will then be disposed of, and beneficiaries nominate in accordance with legislation.
Even if your dying wish were to keep the family home intact, this might not be followed. The forced sale of your family home or any other asset would have to be done in order to satisfy the claims of your beneficiaries.
But if you make a proper will today, you’ll be able to prevent any discord or disagreements and difficulties that can arise if you leave your estate in the hands of your surviving family members. By leaving a will, you can go with peace in your heart and mind knowing that your wishes will be carried out and your estate distributed as intended.
Why do you need a lawyer to make a will?
No one can prevent you from drafting your own will. In fact, if you make one yourself while you’re of sound mind, its legality may not be contested. However, a poorly worded, unclear, ambiguous or improperly signed will can be invalidated. In the end, your wishes may be totally disregarded and your estate distributed in a manner that may be unacceptable to you.
With the help of our wills and estate lawyers at Deakin Milani Solicitors and Notary, you can draw up an iron-clad will that may be incontestable or highly unlikely to be challenged. This way, you have the assurance of having your wishes enforced when you pass away.
For assistance in making a valid and effective will, please contact us.
