What is the process involved in the making of a Will?

Question of the Month

BY BRYDENS LAWYERS | Apr 03, 2020

What is the process involved in the making of a Will?

A will is a relatively simple document. It is however an incredibly important document. It is the document in which you set out your wishes as to how your Estate is to be distributed to your beneficiaries.

There are Will kits available which can be purchased to enable people to prepare their own Wills. However, in our view, given the importance of a Will, your interests are better served by ensuring that the Will is prepared by an expert. There are strict legal requirements that need to be complied with in order to ensure that a Will is valid. Failure to comply with these requirements may render the Will invalid, and in those circumstances, your wishes as to how your Estate is to be distributed may not be fulfilled.

A Will provides for the appointment of an Executor or Executrix. This is a person who is charged with the responsibility of ensuring that the terms of the Will are fulfilled. Also, the Will may provide for the appointment of a Trustee. That may be the Executor or Executrix or another person. The Trustee will receive on trust any assets of the Estate which may be held for the benefit of infant children, for example.

As we have said, a Will can be a relatively simple document. However, depending on your personal circumstances, it may also be a very complicated and complex document. It may involve the creation of testamentary trusts and deal with very complicated business or corporate structures. Either way your interests are best served by having a Will prepared by an expert such as the lawyers in the Wills & Estates Division of Brydens Lawyers.

At Brydens Lawyers #WE DO Wills & Estates. We will ensure that a Will created fulfils all your intentions as to the distribution of your Estate to your beneficiaries. For expert legal advice and representation in relation to all Wills and Estate matters contact Brydens Lawyers today on 1800 848 848.

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