Creating Your Legal Will in Australia: Avoid Common Pitfalls and Get it Right

October 24, 2024    Wills Lawyers Perth
Creating Your Legal Will in Australia: Avoid Common Pitfalls and Get it Right

Having a legal will in Australia plays a crucial way in ensuring that the assets are shared according to your wishes. However, many individuals make mistakes during this process, which leads to legal complications and disputes between the family. In order to avoid such problems, you should hire the best will lawyers in Perth WA, and learn some of the common pitfalls experienced. Here are the major mistakes to look out for and how you can avoid them:

1. Not Updating Your Will

As your life continues to evolve, changing your will in Perth WA, remains a crucial responsibility. Major transitions in life, including marrying, divorcing, bringing children into the world, or acquiring new properties, may affect your estate’s new disposition. For example, in most of the states in Australia, marriage revokes a will unless certain provisions are made. If you do not update your will, your present wishes may not be reflected in your will. This can mean improper allocation of your assets.

2. Choosing the Wrong Executor

The executor is the person administering your estate and acting according to the instructions that lie within your will. One of the primary pitfalls that people are caught up with is appointing someone who does not want to do it or is unable to do so. You might end up going to an amateur who botches many things, resulting in delay and even legal conflict.

Select a reliable, orderly, and competent executor to administer financial and legal affairs. If you are unsure, you can opt for a professional executor like an attorney or a trustee company.

3. Not Identifying All Assets or Beneficiaries

It is easy to overlook some beneficiaries or assets in a complicated estate. One should not forget personal, sentimental, or newly acquired assets while making a will. One also needs to have identified all intended recipients and include them in the will.

4. Not Planning for Contingencies

Most people also forget to include a plan of what will happen should the beneficiary die before them or what would happen if their chosen executor cannot perform the duties of the position. Uncertainty and confusion like this cause delays in settling one’s estate. Always name other beneficiaries and executors in case something happens to the original ones.

5. DIY Wills Without Legal Help

Making a will on your own without hiring a lawyer is tempting. It might help you save on legal fees, but it will come with several risks. A small mistake, or even an omission, on the part of the testator, may nullify an entire will. DIY wills generally miss the precise legal requirements in your state or territory, often causing fights or delays in the administration of your estate.

Ensure that you involve a lawyer who specialises in wills and estate planning. They should be dependable enough to ensure that your will is legally drafted without failing any requirements and that they really represent what you want.

6. Overlooking the Role of Witnesses

In Australia, the requirements for a valid will include a signature by the testator in the presence of two witnesses. The most common mistake is either not having any witnesses or choosing someone who stands to gain from the will by being a beneficiary under its provisions.

All of this may make it possible for others to challenge a will or have it declared invalid. Sign the will in the presence of two independent witnesses who are not beneficiaries to reinforce the case against any possible valid challenges regarding its authenticity.

7. Vague Instructions

Ambiguity in a will can quickly lead to disputes among beneficiaries and delay the administration of your estate. Vague language or non-specific instructions may create confusion regarding the actual intentions of the deceased, making it troublesome for the executor to execute your wishes while laying some groundwork for a potential court challenge of the will.

Use simple words and phrases. In this manner, it can be executed with as little ambiguity or dispute as possible.

To Conclude

Understanding how to make a will in Perth is crucial to ensure that your valuables are distributed in a way that properly looks after the needs of all your beneficiaries. If drafting a will and making adjustments seem overwhelming, feel free to seek assistance from the best legal professionals.

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