Your testamentary wishes and intentions are most often contained within a document known as your will. However, when you pass away, your will may be contested. While parties may have a right to do so, there are some ways to keep your will air-tight so to speak. In this article, we have explored these methods.
Step One: Obtaining Legal Advice
Seeking professional legal assistance and advice, such as that from Quinns, is the first and most significant way you can safeguard your will. Our lawyers specialize in wills and estate planning with years of drafting experience that are in accordance with legislative requirements. We will align your will with your intentions and wishes.
Beware DIY Dangers
While low-cost, using a do it yourself (DIY) will tool to outline your wishes may not do you any favours in safeguarding your estate and keeping your will from being contested. We at Quinns will assist you in creating a will tailored to your personal circumstances through an easy to use will information kit. This is the better alternative than trying to do it yourself and having the will drafted incorrectly.
Carefully Choose your Executor
It is crucial to appoint an executor who you trust and who will uphold your intentions once you have passed away.
Structure your Assets Thoughtfully
You do not have to reference all of your assets in your will in order for them to be covered under it. For example, if you hold a property as joint tenants with someone after you die your share passes to the surviving joint tenant without reference to your will. This can be a good option for safeguarding assets and protecting your estate if you wish for certain assets to not be known to persons wishing to contest.
Be Aware of and Consider the Possibility of Claims
Being aware of potential claims against your Estate is an important aspect of estate planning under a will. If you know someone may make a claim on your estate if they are not provided for or are left out of the will, you may need to consider providing a small amount of your estate to them, in order to ‘keep them happy’ so to speak.
If you need assistance in relation to wills and estates or would like further information in this area, please feel free to contact our team of experienced probate, wills and estates lawyers by clicking here to submit an online enquiry or by calling our office on 1300 QUINNS. You can also download a free copy of our Wills and Estates book via our website.
Related YouTube Video
In this above video focused on wills and estates, Patrick Lopes, lawyer of the Quinn Group discusses your frequently asked questions in relation to wills and estates. This video is a part of our suite of videos on wills, estates and probate helping you to understand your rights and obligations.