Whether you are planning to sell your house, transfer ownership of business assets, or execute a Will, hiring a qualified estate planning lawyer is vital. It may seem obvious that when you reach the age of majority, you should already know and understand how to make your own Will. But wills and estates do not come naturally. Unless you have already experienced these proceedings, it is best to leave the legal issues to a professional lawyer.
There has been considerable political and social debate over the years about whether or not the common law should be applied to wills and estates. Opponents argue that the drafting of a Will is too intrusive into others’ lives and that everyone has the right to determine how they want to transition into old age and whether they want to keep or give up valuable properties and assets. The supporters of wills and estates state that everyone has the right to decide how they will live their life after passing. It is especially true when decedents have failed to complete estate planning and have neglected to include important provisions in their Will.
As stated before, the drafting of Wills and Estates Adelaide should be left to the experts. But even then, there are specific gaps where you, as the beneficiary, may be unable to take control of the property. One of these is where the Will lists someone as the lawful owner of the estate. It means that someone with a less than honest past has taken the title to your house or other property. If you are not married, then the surviving spouse can legally pass the title to the estate to either party after the testator’s death. It is often when one partner has died, but the couple still has a relationship and wishes to be together.
You may also have questions about who should be responsible for making the final decisions of your Will. For example, if you are the testator, who is entitled to be the estate’s legal owner, who will decide who gets access to the property and when? It can be answered very quickly; the person who receives the largest share of the property is the remainderman. It is also the person that has the most control because he or she is the one that owns the property after the testator has passed away.
The question remains, do I need a will and estate planning lawyer to make these changes in my Will? The answer is no, and you can make these changes on your own. However, you should understand what each will states. While having a Will is one of the essential things to probate, you should consult experienced wills and estates, a lawyer before taking any steps whatsoever.
Some people mistakenly believe that if they write a Will, they can avoid probate and skip the process of having it registered. It is untrue. When you write a Will, it does not avoid the entire process; it can make the whole process easier on you. When someone passes away without leaving a Will, then there are only two possible outcomes: you can use a Will or Estate plan to fill in the gaps, or you will have to start the probate process from scratch. If you choose to use a Will or Estate plan to fill in the gaps, your lawyer will draw up the Will or Estate plan for you and file all necessary paperwork with the court. He will also advise you on who can claim your estate if someone dies without writing a Will.
When you decide to make Wills and Estates Adelaide, you should be aware that even if you are legally married, that won’t mean that your Will or Estate will be accepted by someone else. All Will must be signed by the person who is legally married. If you have been divorced but never remarried, then you may still want to consult with a lawyer. In some cases, one party to a Will may be legally married, but not the other. In this case, the surviving spouse can claim the estate to take care of the other’s debts. If you are getting married, then you may want to get a lawyer.