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Will & Testament law in Hurstville, Australia, is part of the broader New South Wales (NSW) legal framework. It focuses on handling the property and assets of a person after their death. The law provides a guideline for the creation of a valid Will, the roles and responsibilities of executors, and processes for approval (Probate). In the event of disputes over the distribution of assets, Will & Testament law offers means for resolution.
Individuals often seek legal counsel for tasks such as drafting a will, updating a will, and settling disputes pertaining to an existing will. A legal expert can foresee potential issues that might arise during the execution of a will, and can provide necessary advice to avoid possible family disputes. In addition, executors of a will may need a lawyer to navigate the legal responsibilities and obligations associated with their role, including applying for probate.
The Will & Testament law in NSW, which applies to Hurstville, stipulates that a person must be over 18 and of sound mind to create a Will. A Will must be written and signed by the Will-maker and witnessed by two individuals who are not beneficiaries. Digital wills are not recognized. If a Will appears to be unfair or the Will-maker was influenced or under duress while making the Will, it can be contested in court. The law also provides provisions for individuals dying intestate (without a will).
1. Can I write a Will by myself?
Yes, you can write a Will by yourself. However, it’s recommended to seek legal advice to ensure it adheres to the legal requirements.
2. What happens if I die without a Will?
If you die without a Will, the law decides how your assets are distributed among your next of kin.
3. Can a Will be contested?
Yes, close relatives or dependents can contest a Will if they believe it is unfair or if the Will-maker was influenced or under duress.
4. What is an executor's role?
An executor is responsible for carrying out the directions in the Will, including distributing the assets and settling any debts.
5. Can I change my Will?
Yes, you can change your Will anytime you wish. It is recommended to review your Will regularly and especially after significant life events.
For further guidance and information, you can refer to the Law Society of New South Wales, the NSW Trustee and Guardian, and the Department of Justice in NSW. They offer resources and tools to better understand Will & Testament laws and offer services to assist in drafting Wills.
If you feel you need legal assistance, identify an experienced lawyer who specializes in Will & Testament law. Reach out for an initial consultation to understand the complexities of your situation and the legal help you might require. This will also ensure that your Will follows the laws of Hurstville, Australia and fulfills your intentions.
