Wills and Probate

Below we identify some reasons why it is essential that every adult should make a Will.

A Will protects what you have worked hard to build up. It aims to prevent a family from being torn apart by bickering over what you leave behind.

The following items are some of the matters which should be considered:

In a Will, you are able to specify which proportion of your property will be left to your spouse, children, parents, or others.

For those who are married, their spouse will not necessarily inherit all their estate if they do not have a Will.

For those who are not married, a Will can overcome the complexities in the law by clearly stating who gets what.

It is a certainty that every family will face this problem but no one knows when; so the best thing that you can do for your family is to help them at this time by having a Will. The Will should empower the Executor to distribute your real and personal property according to your Will. This would reduce family tensions at this very sensitive time.

A Will defines exactly who is to share in the distribution of your estate and the likelihood that any long-lost relatives or other “outsiders” could lay a claim to the estate will be eliminated.

A provision can be made in a Will for a donation to a charitable or other welfare organization if so desired.

A Will may also be used in tax planning to delay the imposition of capital gains tax, to transfer property without paying stamp duty and to create family trusts.

For those with children, it is especially important to provide for their source of income and support and to appoint a legal guardian.

The Will can always be updated when circumstances change and a new Will can be made at any time.

A Will can be confidential. It is an inactive legal document and until death it has no force or effect.

When instructing Antippa Lawyers to draw your Will, you should consider, very carefully, any possible claims to your estate by close or distant family members, dependants, others to whom you provide care, even neighbours.

This list is not exhaustive: it represents only some of the factors for consideration when drawing a Will.

An alternative to a Solicitor drawing a Will is purchasing a Will Kit. Consider all aspects of this method, prior to deciding to complete your own Will. For little more that the cost of a Will Kit, your Will can be done by a Lawyer and give you peace of mind that it has been done properly.

There are also various types of restraining and intervention orders for incidents like stalking, loitering, assaulting, harassing, threatening, intimidating, molesting, entering a property and telephoning.

Our years of experience and broad range of Family Law matters will give you peace of mind that we’ll be able to assist you in getting the best possible outcome.