Do You Need a Lawyer to Prepare Your Will?
When preparing your will, there are a few options to choose from, including engaging a lawyer, using an Online Will service, buying a DIY Will kit, and attending Community Will Days. The Legal Services Commission in South Australia considers the best way to make a will is through a private lawyer with experience and expertise in wills. Why? So that your will reflects your wishes. As you will discover reading this blog, you need a lawyer to prepare your will and FJS Lawyers can help! Why a Will Is Important A will is a legal document that sets out your wishes for who will inherit your estate when you die. If you die without a will, your estate is distributed in accordance with the law of intestacy, which is often not what you would have wanted. Moreover, your loved ones will have to deal with the often stressful, time-consuming and costly process of administering your estate while coping with the grief of your departure. Making a will is best for you and your loved ones. Why You Should Get Your Will Prepared by a Private Lawyer When you get your will prepared by a private lawyer like FJS Lawyers, you receive legal advice tailored to your circumstances. As our years of experience have taught us, every client has unique circumstances which must be properly considered to ensure that their wishes are reflected in their will. Circumstances such as blended families, stepchildren and estranged children are just a few that require careful consideration. Whilst there are other methods of will preparation, these methods often employ a “one-size-fits-all” approach that may leave your will open to misinterpretation and disputes, and may cost your estate far more than the cost of having a will prepared by a solicitor. Your intentions may change after significant life events such as births, deaths, and divorces. Consulting a private lawyer will ensure that you receive timely and accurate advice and if required, that your will is updated to reflect your wishes in light of these life changes.You must ensure that your will is safely stored. At FJS Lawyers, we offer safe will storage and Private lawyers have access to secure registers, among other safe locations, to store your will. You won’t get this security elsewhere. Alternative Options – Online Will Services You can create a will using online will services. People may choose this option because it is sometimes cheaper and more convenient. However, the real costs may not be known until after you die and may be very stressful for your loved ones if your will is open to misinterpretation and costly disputes. A private lawyer will draft your will to accurately reflect your wishes. – DIY Will Kits Online DIY Will Kits are perhaps the cheapest and most convenient option to make a will, but the future costs to your estate may be substantial. This is because they offer a “cookie-cutter” (one-size-fits-all) approach to all wills. There is a risk that the will is not signed and/or witnessed correctly, which may affect its validity, and these issues are usually unknown until after you die. Reach […]
Read moreHiring a Lawyer vs DIY Will Kits
The Legal Services Commission, South Australia considers the best option to make a will is through a private lawyer. If you’re wondering why you need to pay a professional to do this when you can simply write on a will kit or go online and get it done at a cheaper price, then you should read through this blog. What’s the Difference Between a Will Kit and a Lawyer-Prepared Will? The first difference is that you can prepare your will using a DIY Will Kit online without consulting a lawyer. It often costs less, takes less time to prepare, and feels convenient. However, you run a risk of having a will that does not actually reflect your wishes the way that you intend, because you have no legal advice, unlike a lawyer-prepared will. At FJS lawyers, we offer will preparation at an affordable cost. You can start your will online now. DIY Will Kits Provide a Cookie-Cutter Approach DIY Will Kits use a one-size-fits-all model for will preparation that doesn’t adequately address diverse individual circumstances. This failure to recognise special circumstances like blended families can result in a will that is open to misinterpretation, dispute among beneficiaries, and substantial legal costs. When these issues arise, your loved ones may be required to cope with conflicts that legal advice and a properly drafted will may have prevented. Tailored Advice Specific to Your Circumstances The first benefit of a lawyer-prepared will is legal advice tailored to your circumstances. Before preparing your will, FJS Lawyers will offer advice about situations like second marriages, blended families, children under 18 years old (minors), special needs dependents, charitable gifts, etc. You should feel comfortable discussing your circumstances and raising any personal concerns so that we can provide advice and prepare your will to avoid the kind of disputes that a poorly prepared will can cause. A Lawyer Can Store Your Will for You Another benefit of a will prepared by an experienced lawyer is safe and secure storage. FJS Lawyers will provide safe storage of your will at no cost and register your will on the Law Society of South Australia register. Potential Issues That Can Arise From a DIY Will Kit Not Correctly Signed and/or Witnessed For a will to be valid, it must meet the required legal formalities for execution, including signing, witnessing and dating the document. Legal terms are important, and poorly worded wills may be open to misinterpretation and disputes which may prove costly to the estate in the future. Inadequate Storage When you use a DIY Will Kit, you are responsible for storing it in a safe place. This may result in your will being damaged or destroyed, or the executor being unable find it when it is needed. At FJS Lawyers, we provide safe will storage and registration on the Law Society of South Australia Will Register at no cost to you. Peace of Mind When a Lawyer Prepares Your Will At FJS lawyers, we are all about long-term and successful client-focused legal services and we can help with every aspect of your estate planning and administration. Before preparing your […]
Read moreWhat Age Should You Think About Making a Will?
What is the minimum age to have a will? Australian law permits anyone who is at least 18 years old and has legal capacity to make a will. You should seriously consider getting a will today if you are over 18 and have a few assets. If you are ready, feel free to contact us to arrange an appointment. You can rely on FJS Lawyers as we are committed to building successful, long-term client relationships and providing quality and affordable legal advice. What Is a Will? A will documents your wishes as to who will inherit your estate when you die. You can also express other wishes, like details about your funeral, burial, or cremation, preferred guardians for your children, who will care for your pets etc. Jointly owned property (except tenants in common) passes automatically to the surviving joint owner and does not form part of your estate. Your share in property as ‘tenants in common’ does form part of your estate. In South Australia, your will must satisfy these legal criteria: Your will must be in writing The will should name an executor – a representative who will carry out your wishes. The will must name beneficiaries who will inherit your property The will must be dated. The will must be signed by you and witnessed by two (ideally independent) adults. It will help your executor if you keep notes and other important documents, and a record of your digital assets (cryptocurrency, files, emails, social media account login details). Ask us about preparing a Green Box with all your important estate documents. You can choose any adult with legal capacity to be your executor, and this doesn’t exclude them from being beneficiaries. You can appoint more than one executor or an alternate executor to act if the first is unable or unwilling. Why Is It Important to Have a Will? When you make a will, you’re saving your loved ones from having to deal with added emotional, legal, and even financial stress of your estate while grieving your loss. You can ensure that your assets go to the people you choose. Without a will, the law of intestacy will determine how your estate is distributed. At FJS lawyers, we provide advice about your circumstances and prepare your will to accurately reflect your wishes, comply with legal requirements, and assess and record your legal capacity at the time you make your will. Feel free to contact us now to make your will. At What Age Should You Get a Will? Once you’re 18 and you have legal capacity, you should get a will. Legal capacity means that you understand what a will is, what making one means, and you can effectively communicate your wishes. A person under 18 years can make a will if they are or have been married, or otherwise with the permission of the Supreme Court. Superannuation is not always paid into your estate. You may wish to make a binding nomination for your super to be paid into your estate, or for your super to be paid to a specified beneficiary. What Happens if I […]
Read moreContesting a Will in South Australia
Family Provision Orders (Contesting a Will) In South Australia, the Succession Act 2023 allows certain individuals to challenge a Will on the basis that the Will is invalid or unfair. You cannot prevent someone from contesting your Will after you have died, but having your Will professionally drafted by a lawyer will reduce the likelihood of a successful claim. The Court may make a Family Provision Order if it is satisfied that the deceased’s Will (or the intestate distribution) does not make adequate provision for the proper maintenance, education, or advancement in life of an eligible person. Who Can Claim? The following people may apply to the Supreme Court for a family provision order; however, some categories of claimants may need to meet certain criteria to be eligible: A child of the deceased The spouse or domestic partner of the deceased The former spouse or domestic partner of the deceased A stepchild of the deceased A grandchild of the deceased A parent of the deceased A sibling of the deceased You should seek legal advice as to your eligibility and the likely success of your claim. Factors considered by the Court When considering an application for family provision order, the wishes of the deceased person is the Court’s primary consideration, however, the Court must also consider: The deceased’s intentions and reasons for the provisions made in their Will. The contributions of the applicant to the deceased’s estate. The applicant’s vulnerability and dependence on the deceased. The applicant’s character and conduct. Other relevant matters. When determining adequate provision, the Court will have regard to the circumstances of each case, including matters such as the age, health and financial circumstances of the applicant, the relationship between the applicant and the deceased, and the estate size. Time Limits An application for a family provision order must generally be made within 6 months from the date of the Probate or Letters of Administration is granted. You should seek legal advice as soon as possible and before applying to the Court. Can I See a Copy of the Will? The Succession Act 2023 SA (Section 48) provides an entitlement for certain people to inspect or obtain a copy of the Will (at their own expense): A person named or referred to in the Will (whether as a beneficiary or not). A person named or referred to in an earlier Will as a beneficiary of the deceased. The surviving spouse, domestic partner, child or stepchild of the deceased. A former spouse or domestic partner of the deceased. A parent or guardian of the deceased. A person who would be entitled to a share of the estate of the deceased if the person had died intestate. A person managing the affairs of the deceased estate under the Guardianship and Administration Act 1993 immediately before the death of the deceased. If you believe you are entitled to a copy of the will but have been denied access, legal advice may assist in resolving the matter.
Read more
