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Wills

Wills - Probate Lawyers Directory

Wills are legal documents, formally declaring how your assets are to be distributed upon your death. Wills also name the person who will be responsible for carrying out your Will, known as the executor.

Wills give you the opportunity to provide for your family, dependents, and friends, after you die. People who are qualified to make Wills include anyone over 18 years of age or under 18 and married, or who has obtained a Court Order to make a Will.

Wills must be...

  • in writing
  • signed by the person making it in the presence of two independent witnesses, present at the same time
  • dated at the time of signing and witnessing
  • made by a person of his or her own free will, without pressure from anyone

Codicils

Wills can always be amended at a later date, as long as the same requirements as stated above are met. These additions or changes to Wills are known as Codicils.

Testamentary Trusts

A Testamentary Trust is a trust created by a Will. Instead of all of the assets of a deceased Estate being distributed directly to the beneficiaries, some or all assets are retained in a trust for their benefit.

Wills incorporating a Testamentary Trust should be considered if...

  • you have substantial assets
  • your potential beneficiaries are in need of asset protection
  • your intended beneficiaries will benefit from the taxation advantage of a testamentary trust

A Probate Lawyer will safeguard your interests by...

  • ensuring that you comply with all the strict legal requirements of making Wills, so that your Will is properly drawn up, correctly signed and witnessed
  • ensuring that beneficiaries are adequately provided for
  • ensuring that your wishes are clearly expressed in your Will and your Will suits your particular situation and circumstances
  • advising on whether your current or old Wills should be changed to reflect new circumstances
  • advising on circumstances in which Wills might be contested and how the chances of this occurring may be reduced or prevented
  • advising on whether or not a testamentary trust is appropriate in your circumstances

This website will help you to quickly and easily  find a Probate Lawyer located near you, to assist with all the complicated legal issues associated with making Wills.

Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.