Cairns Wills & Estate Lawyers | Will Disputes and Estate Lawyers

Protecting Your Estate With a Valid Will

Protecting Your Estate With a Valid Will | will & estate planning | Preston Law

It is a commonly misconstrued assumption that once you make a Will it is final. And whilst this final and binding nature goes to the very core of what a Will is, unfortunately this is not the case and there are several circumstances in which your Will may be contested and where it may be administered not in accordance with your wishes.

Whilst you may not be able to predict your families and beneficiaries reactions to your Will upon your death, there are 4 main things you can do in order to ensure your Will is not challenged, or if challenged such challenge being unsuccessful.

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1.Make adequate provision for all persons whom would be entitled to your estate.

Whilst this may not be practical our solicitors will be able to talk you through the consequences of excluding an entitled person from your estate and you will then be able to make an informed decision as to whether you actually exclude such person. Our solicitors will also be able to advise you on strategies that can be implemented to reduce the risks of claims and/or successful claims by persons who believe they are entitled to your estate.

2. Have your Will prepared by a solicitor who is able to demonstrate you have the required capacity at the time of giving instructions to make your Will and at the time of signing.

Your Will may be found to be invalid due to lack of capacity. Our solicitors know what questions to ask and records to keep to demonstrate that you had the required capacity when making and signing your Will.

3. Have your Will prepared by a solicitor who is able to demonstrate you have not signed your Will under undue influence or duress.

Your Will may be found to be invalid due to your being forced or coerced to make your Will. Our solicitors know what procedures to follow and records to keep demonstrate that you were not unduly influenced when making and signing your Will.

4. Have your Will prepared by a solicitor who is able to ensure all legal formalities required for the preparation of a valid Will are followed.

Your Will may be found to be invalid if the proper legal formalities are not followed. These legal formalities include:

  • Your Will must be in writing.
  • You must be over the age of 18 years when making your Will.
  • You must sign your Will.
  • Your signing of your Will must be witnessed by 2 unrelated persons.

Please contact our team to discuss the preparation of your Will.

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