Managing Will disputes early makes succession planning easier. Whether you’re creating a new will in Perth or preparing for your loved ones, understanding your legal options is crucial. The law draws a line between dying with a Will and dying without one.
In this regard, understanding the differences between Will and Intestacy is crucial. Let’s breeze through this blog as we explain these concepts in more detail.
A testate estate refers to a person who has left a valid Will, which explains how their estate should be managed. It also names someone to carry out instructions. This person is called the executor. Their job is to ensure wishes are followed. In Western Australia, this goes through probate in the Supreme Court. The executor applies for probate. Once granted, they follow the terms in the Will. The process is defined under the Wills Act 1970 in WA.
When someone dies without a Will, the rules of intestacy apply. The law decides how the estate is shared. This is managed under the Administration Act 1903 in WA, and these laws apply a fixed formula. They do not reflect personal wishes.
This can cause issues. For example, a long-term partner may not inherit unless they meet strict legal conditions. Friends and stepchildren are also usually excluded.
A Will lets you choose who gets what. Without one, the law decides based on blood relation.
When there is a Will, the executor manages the estate. When there is not, the court picks an administrator. Their job is the same, but they may not be someone the deceased trusted.
Probate is granted when a Will exists. Letters of Administration apply when there is no Will. The second process usually takes longer and may involve more paperwork.
Families often argue about what the deceased wanted. If no Will exists, everyone may have a different idea. This delays the process and adds stress.
Even with a Will, disputes may happen. A Will that is unclear or old may confuse, and that is why updating your will Perth WA legal experts recommend, should not be ignored.
It is a mistake to think Wills are only for older people. Accidents happen at any age. Without a Will, loved ones may be left unsure. Super funds and insurance are part of most estates. These can create problems if instructions are unclear. A Will helps you decide who will care for your children, and also allows you to name guardians and avoid future court disputes.
WA has rules for what makes a Will valid. You must be over 18 and of sound mind. You must sign the Will in front of two witnesses, and these witnesses must also sign in each other’s presence. Missing a step may cause the Will to fail.
Many work with a Wills Lawyer Perth locals trust. A lawyer ensures all steps are followed. They help keep your wishes clear and valid.
The law divides your estate using a fixed list. If you have a spouse and no kids, the spouse may inherit everything. If there are children, the estate is split. If no family is found, your estate could go to the state. However, this situation might be rare, but it’s possible. The law also ignores personal wishes. Promises made during life carry no weight if no Will exists.
Your Will should reflect your current life. Marriage, divorce, new children or property all mean it is time to review your Will.
If you want to ensure your Will reflects your wishes, updating your Will, Perth WA experts can review your current Will and make needed changes.
The difference between having and not having a Will is larger than most people expect. With a Will, you are in control. It eliminates pressure from your family and makes sure that your desires are explicit. When you die without a Will, then the law does it on your behalf. That can result in injustices.
Begin to prepare so that you can protect your legacy. When a Wills Lawyer Perth assists you, you will be able to make a Will that represents your decisions and honours your family.
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