Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Adelaide, Australia, the laws surrounding Wills and Testaments are governed by the Wills Act 2013 and the Inheritance (Family Provision) Act 1972. These legal documents are essential for ensuring a person's assets are distributed accordingly to their wishes upon death. It includes how the assets and financial affairs should be handled and can also lay out care directions for any dependent children.
Retaining a lawyer when crafting or updating your Will and Testament is crucial. The importance of a legally sound document should not be undermined. Errors could lead to court complications or discrepancies in asset distribution. Engaging a lawyer can ensure that your will is legally valid and that your intentions are clearly stated. They can also guide you through complex scenarios, such as dealing with substantial assets, property in other states, or complex family situations.
The main aspects of Wills and Testament laws in Adelaide involve the legitimacy of the will-maker, the clarification of beneficiaries, and the appointment of the executor. The will-maker should be at least 18 and of sound mind. A Will should clearly outline the distribution of assets to the appointed beneficiaries. The executor, named in the Will, is responsible for administering the estate in compliance with the provisions of the Will and the law.
1. Can I make a Will by myself?
While it's possible to create a Will by yourself, it's strongly recommended to consult a legal professional to ensure its validity and thoroughness.
2. What happens if I die without a Will?
If you die without a valid Will, the law will decide how your assets are distributed, and this may not align with your wishes.
3. Can I change my Will after it's made?
Yes, you can update your Will at any time to reflect changes in your life circumstances. It is recommended to review your Will every 3-5 years or after meaningful life events.
4. What is an executor, and what do they do?
An executor is the person you nominate in your Will to carry out the directions of your Will after your death. They have various responsibilities, including the distribution of assets and paying outstanding debts.
5. Do I need a witness for my Will
Typically, you will need two witnesses who are not beneficiaries or spouses of beneficiaries. They should be over 18 and of sound mind.
You can visit the legal services commission of South Australia or Public Trustee offices for free legal advice and additional resources. The Law Society of South Australia also provides a Solicitor Directory to help locate a lawyer who specializes in Wills and Estates.
If you need legal assistance with a Will & Testament in Adelaide, your first step should be to seek out a lawyer specializing in Estate Law. Ensure to prepare all necessary documentation and information about your assets and beneficiaries for your initial consultation.
