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In Rockingham, Australia, the laws surrounding Will & Testament can be complex. This legal document allows you to determine the distribution of your assets after your death. It can also include specifications about who would be responsible for the care of your minor children. In the absence of a legal will, the law decides how your assets are divided, which might not reflect your wishes.
A lawyer is often needed to ensure the legal validity of the Will & Testament. Common situations where you might require legal help include: if you have significant assets or a complex family situation, you wish to leave some or all your estate to charity, you own property overseas, or you want to create a testamentary trust. Additionally, if there are disputes over a Will or its execution, retaining a lawyer can be crucial.
In Rockingham, for a Will to be valid it must be in writing, signed by the will maker in the presence of two or more witnesses, and the will maker must be of sound mind, memory, and understanding. If a person dies without a valid Will, they die "intestate" and their estate is distributed according to the Administration Act 1903. Inheritance laws may also apply, such as inheritance tax and probate.
If you die without a will, your estate will be distributed according to the Administration Act 1903. This might not reflect what you wished. It, therefore, makes sense to create a will.
The executor should be someone trustworthy since they'll be responsible for carrying out your wishes as stipulated in your will. It can be one person, multiple people, or a trustee company.
While you can write your own will, it's not recommended due to the risk of it being found invalid due to a failure in following the proper legal formalities.
Yes, a Will can be contested in certain circumstances. This often occurs if there are concerns about the legality of the document or the mental capacity of the will maker.
A trustee company is responsible for managing your estate according to your Will. They can handle complex legal and tax issues, ensure protection of minors or vulnerable beneficiaries, and resolve disputes between beneficiaries.
The Public Trustee of Western Australia provides free will-drafting services to all Western Australians aged 18 and over. Also, the Law Society of Western Australia can provide advice about finding a solicitor specializing in Wills and Estates.
If you require legal assistance with your Will & Testament, first identify your needs and complexities of your situation. Next, consider consulting with a professional, such as a lawyer or public trustee. Make sure to gather all necessary information and documents before your consultation to make the process more efficient.
