For our first legal information post, we tossed around a number of topics and after much lawyer talk (and we all know how much lawyers like to talk), we decided on that dreaded, but in reality, a mostly ignored subject for a lot of people … you guessed it ….” what will happen to your possessions if you were to die unexpectedly or not so unexpectedly.”
In law this issue is dealt with under Wills & Estate Law. Before you switch off, even if you do have a will, it could well be an invalid will, which is almost as bad as no will – e.g. you have remarried since your last will.
The making of a will is undoubtedly something that most of us have an aversion to actually doing (understandably, it causes us to confront the fact that our life will end). However, once you get over this unpalatable fact, it need not be an onerous or, in the case of a simple uncomplicated will, that costly for a lawyer to draw up.
Once you have a will it means you have a legal declaration of what you want to happen to all your things, such as your house, personal belongings, cash in the bank, car etc etc.
A will however MUST BE VALID to have any legal effect – that is, it must meet certain requirements such as:
– it must be a document;
– it must show an intention to be a will, and
– at the time of making the will you must be of sound mind, memory and understanding.
If you die without a valid will, the court will appoint a special person known as an administrator. Without a will, you lose the opportunity to do certain things, such as express an intention to who will be the guardian of your infant children, payment of debts, and such things as burial instructions or disposal of your ashes. It can also cause unnecessary costs and delays.
We can ensure that you do have a valid simple will.
We draft simple wills starting from $440.00. Phone or email us to discuss your situation.