DIY will kit advertisements can over simplify these important documents and an invalid will can be the result. Will kits may appear to be an attractive, low-cost solution but you need to carefully consider unintended legal consequences of badly worded or invalid wills. They could mean your assets may be distributed to people you do not want to benefit and it can be a costly process to make an invalid will valid. The language used in wills must be precise and leave no doubt about the deceased’s intentions. Vague or conflicting language can be open to legal challenge or mean the will can be set aside (annulled).
Importance of a legal and binding will
You need a legal professional who can advise you and make sure you make a legal and binding will. It will be one of the most important documents you will need to make and Turner Freeman has experienced experts to help you.
Second marriages and blended families make it especially important to have a will that accurately reflects your intentions. Do-it-yourself wills may not be valid. For example, some people wrongly assume that they can leave ‘their half’ of jointly held property to particular beneficiaries. It is important to firstly establish how joint assets are held (joint tenants or tenants in common) and whether the will is actually binding on the disposition of these assets.
There are requirements about the form and manner of the execution of wills. Without the advice of a lawyer, it is too easy to make a will that does not comply with the formal requirements. Although the Court can sometimes dispense with the requirements for the execution, alteration or revocation of wills in certain circumstances, it can be an expensive and distressing process.
Another difficulty can be unintended tax consequences that leave beneficiaries with a tax burden when a will is poorly drafted.
Seeking the assistance of a lawyer from Turner Freeman guarantees peace of mind.
Experience in this specialised area is essential. The laws surrounding wills and estate administration vary between states and territories and selecting a lawyer relevant to your location is important. Turner Freeman is a national law firm with wills and estate specialists in most states.
