Welcome to Probate Lawyers Australia
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Wills | Codicils |Testamentary Trusts
A Will or Testament is a legal document, formally declaring how your assets are to be distributed upon your death.
It gives you the opportunity to provide for your family, dependents, and friends, after you die.
Anyone over 18 years of age or under 18 and married, or has obtained a Court Order to make a Will, is qualified 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
A Codicil is a minor addition or amendment to an existing Will and must conform to the usual requirements of making a Will.
A Testamentary Trust is a trust created by a Will. Instead of all of the assets of a deceased Estate being distributed to the beneficiaries, some or all are retained in a trust for the benefit of the beneficiaries.
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 a Will, 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 Will should be changed to reflect new circumstances
- advising on what circumstances your Will 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 is dedicated to helping you find a Probate Lawyer located near you to assist you handle all the complicated legal issues associated with making a Will or Codicil.
Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.
