Wills and Estates

A will is a legal document that outlines how a person's assets and estate should be distributed after their death. It can also appoint guardians for minor children and specify wishes for funeral arrangements.

Having a will ensures that your assets are distributed according to your wishes, reduces the potential for disputes among beneficiaries, and can help streamline the probate process. Without a will, your estate will be distributed according to state or territorial intestacy laws, which may not align with your preferences.

A will should include the following:

1. Appointment of an Executor: To manage the estate.
2. Instructions for Asset Distribution: Clear directives on how your assets should be divided.
3. Guardianship Provisions: For minor children.
4. Specific Bequests: To individuals or organisations.
5. Final Wishes: Such as funeral arrangements.

To make a valid will, you must:

1. Be of Legal Age: Typically 18 or older.
2. Have Testamentary Capacity: Understand the nature of the document and its consequences.
3. Make the Will Voluntarily: Without undue influence.
4. Sign in the Presence of Witnesses: The number of witnesses and specific requirements vary by jurisdiction.

Yes, a will can be changed or revoked at any time while the testator is alive and has testamentary capacity. Changes can be made through a codicil (an amendment to the will) or by creating a new will. Revocation can occur by physically destroying the will or by creating a new will that explicitly revokes the previous one.

If someone dies without a will, they are said to have died intestate. Their estate is distributed according to the intestacy laws of their state or territory, which typically prioritise spouses, children, and other close relatives. This process may not reflect the deceased's personal wishes.

Probate is the legal process of validating a will and administering the deceased's estate. It ensures that the will is genuine, debts and taxes are paid, and assets are distributed according to the will. Probate provides legal authority to the executor to act on behalf of the estate.

Yes, certain assets bypass probate and are transferred directly to beneficiaries. These can include:

1. Jointly Owned Property: With right of survivorship.
2. Assets Held in a Trust
3. Life Insurance Proceeds: With designated beneficiaries.
4. Retirement Accounts: With designated beneficiaries.

To minimise disputes, consider the following:

1. Clearly Outline Your Wishes: Explicitly state your directives in your will.
2. Discuss Plans with Beneficiaries: Explain your decisions to avoid surprises.
3. Use Trusts: For managing complex distributions.
4. Ensure Legal Soundness: Regularly update your will to reflect current wishes and legal standards.
5. Appoint a Neutral Executor: Especially if family dynamics are contentious.