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Wills

Radio National Law Report – Wills & Intestacy

Wills & IntestacyThe Law Report program on Radio National broadcast on Tuesday the 3rd of March discusses a dispute involving the estate of a young man who died without a will leading to an unexpected outcome. Under the law of intestacy, his estate of $600,000 goes to his estranged wife, despite the couple already finalising their property settlement.

Wills & Intestacy

The young man died unexpectedly aged 30 and never wrote a will. He neglected to tie up the loose ends of a marriage that had effectively ended about two years before his death so it seems his estate will go to his long estranged wife. Even though they did lodge, by consent, a property settlement with the Family Court – the couple never finalised their divorce.

Listen to the podcast or read the transcript here: Radio National Law Report – Wills & Intestacy

Grandfather’s Will – A legal fight over a pastoral holding

A long running battle over a Grandfather’s Will

Grandfather's will - a legal fight over a pastoral holdingThis week’s Law Report on ABC’s Radio National highlights a recent decision in a NSW Supreme Court over a Grandfather’s Will, which included some strong words from the Judge in regards to the legal fight over a pastoral holding. Describing it as ‘a sorry case’, the Judge provided his decision on a long running battle between a mother and her son, after the son brought an action against challenging the will of the testator who was his grandfather. Listen to the audio and read the transcript here.

 

Kavanagh Family Lawyers can help will Wills and Inheritance

Kavanagh Family Lawyers have vast experience in drafting Wills. Our Wills lawyers explain how Wills should be made, address any issues that could arise from your wishes and ensure you have a correctly prepared Will tailored to suit your requirements.

Next Steps

  • Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our Wills lawyers.

Making a Will

Making a Will – the importance of seeking legal advice when drafting important documents

Making a WillWhen making a Will, Kavanagh Family Lawyers remind clients of the importance of seeking legal advice when drafting important documents such as a Will.

There are significant legal requirements that need adhering to in order for the Courts to deem a Will a legal document. In most cases, a will must be in writing and witnessed by two people in order for it to be valid. Secondly you have to satisfy the court that those documents set out the testamentary wishes of how that person intended their assets to be dealt with upon their death. Thirdly you need to satisfy the court that the person actually intended that document to be their last Will.

How Kavanagh Family Lawyers can help

Kavanagh Family Lawyers have vast experience in drafting Wills. Our Wills lawyers explain how Wills should be made, address any issues that could arise from your wishes and ensure you have a correctly prepared Will tailored to suit your requirements.

Next Steps

  • Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our Wills lawyers.

Hiring a Wills Lawyer

The importance of having a professionally drawn up Will

A professionally drawn up and well considered Will can avoid confusion, uncertainty, disappointment and possible legal difficulties.
If you die without making a Will, all your assets will be distributed in accordance to the law, which in most cases means your estate is left to your legal next of kin. Therefore the people you most want to benefit from your estate probably won’t get anything. As well as this, it may take longer and cost more to administer your Estate when there is no Will.

More specific reasons for having a Will might be:

  • Marriage – marriage can automatically cancel all previous Wills. In order to continue to provide for beneficiaries or make arrangements to cater for these new circumstances, you will need a new Will.
  • Recent Divorce
  • Being in a De-facto relationship – your de facto partner may not automatically be entitled to your estate.
  • Security for your children’s future – nominate guardians for them in your Will and make arrangements for their care.
  • Prompt distribution of the estate – A Will that is professionally drawn up and executed will greatly assist the administration and early distribution of assets to beneficiaries.
  • To appoint an executor – When making a Will, an executor is chosen to be responsible for looking after the estate and distributing your assets as per the instructions outlined in your Will.

Kavanagh Family Lawyers are highly experienced in drafting Wills. Our Wills lawyer can explain how Wills should be made, address any issues that may arise from your wishes and ensure you have a correctly prepared Will tailored to suit your requirements. We can also aid Executors with certain parts of their role such as obtaining the Grant of Probate.

Next Steps

  • Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our Wills lawyers.