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Making a Will

Why pay a lawyer to prepare your will when you can buy a legal will kit for a fraction of the price? It’s a question we’re often asked.

Sure, there’s nothing to stop you from buying a will kit and filling in the blanks, but there are a few things to consider before you head down that path. Especially because, if you ask any wills lawyer, most wills have at least a few hidden issues that make them less straightforward than they initially seemed.

Get the right advice

Preparing a will that properly sets out your testamentary wishes is not a simple task. If it is not done properly, there are issues that can really cost your estate after you’re gone.

For example, if you have three children but decide to leave your estate to only two of them, the third child can make a claim for part of your estate. If there is a legal dispute between that child and your other two children, all the legal fees will be paid for by your estate.

That means that when the dispute is finally settled or determined by a court, your estate has been eroded and your loved ones will inherit less.

But if you get good legal advice when preparing your will, you can minimise or avoid this risk.

Signing a will

Most people don’t realise that a will has to be signed and witnessed (executed) in a very specific way. If it is not, probate may not be granted because the Court will not be able to decide with certainty that the will reflects their intentions.

What is probate?

Probate is the process that all wills must go through after a person dies.

Probate is the process of proving the will. That is, proving that the will was properly made and executed in accordance with the will-maker’s (testator’s) wishes. When probate is granted, the Court is declaring that the will reflects the testator’s intentions and it gives permission to the executor to deal with the estate according to the terms of the will. The executor is the person appointed by the will to be the legal representative of the testator’s estate after the testator has died.

If there is a problem in getting probate because the will has not been properly executed, time and money needs to be spent to prove that the will reflects the testator’s intentions. Again, the legal fees will be paid for by the estate which will mean there is ultimately less for the beneficiaries to inherit.

If the Court refuses to grant probate, the person may be declared intestate, meaning they have died without a will. A different set of rules will then be used to divide up the estate and the person’s intentions and wishes may be ignored.

We can help

Websters Lawyers can assist you in the preparation of a will that takes into account all of your personal circumstances.

We have lawyers who are wills specialists and well-versed in other legal areas. Quite often, other legal areas come into play when making a will and it’s important that your lawyer is familiar with all the potential issues.

For example, there may be:

  • Parenting issues.
  • A new spouse or domestic partner, along with their children.
  • separation or divorce, which requires a new will.
  • Superannuation, which requires special advice.

The more consideration that is given to all of these things, the more water-tight your will is likely to be.

Call us now to arrange an appointment to prepare your legal documents. Phone 8231 1363 or click here to make an enquiry by email.

Testimonials

"The service was impeccable"

Michael, Trott Park

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

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"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

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"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

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"[my solicitor] spoke in easy terms for us to understand."

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"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

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"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

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"Lived up to their word."

Robert, Ridgehaven

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"Very professional and thorough"

Sylvia, Greenwith

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

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