WILL

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Planning for the future is a responsibility every adult should consider, particularly when it comes to the legal implications of death. A Will is a legally binding document that ensures your wishes are respected and your loved ones are cared for after your passing.

In the event of your death, who will care for your family? Who will raise your children? How will your property and assets be distributed? A Will allows you to answer these critical questions by giving you control over how your estate—your money, property, and assets—is distributed. It is an essential component of any comprehensive estate plan.

A Will enables you to appoint a trusted individual, known as an executor, to manage and distribute your estate in accordance with your instructions. The executor is legally obligated to carry out your wishes as specified in the Will.

Additionally, your Will can designate a legal guardian for your minor children, ensuring their care and wellbeing.

There is no "one size fits all" approach to Wills.  We work closely with you to create a tailored Will that reflects your unique circumstances and wishes.

For some, we may recommend a Will incorporating Testamentary Trusts. This type of Will directs your estate assets into a trust, managed by a trustee, for the benefit of your chosen beneficiaries. Testamentary Trusts offer several advantages, including:

• Tax benefits: Income and capital gains can be distributed to multiple beneficiaries to achieve the best tax outcome.
• Protection for blended families: Ensures assets are distributed fairly and according to your wishes.
• Safeguards for vulnerable beneficiaries: Protects minors, individuals who are financially irresponsible, those in high-risk professions, or beneficiaries going through a divorce.

Alternatively, if your family structure and assets are straightforward, a Simple or traditional Will may be more appropriate. This type of Will allows your loved ones to inherit your assets directly, without the need for a trust.

Our extensive experience in estate litigation has shown us the critical importance of having a valid Will. If you pass away without a Will, you are considered to have died intestate. In such cases, your estate will be distributed according to a set of legal rules, which may not align with your personal wishes. This could result in:

• Excluding someone you care about from inheriting.
• Allocating a portion of your estate to someone you would not have chosen to benefit.

Dying intestate also requires your loved ones to navigate a legal process through the Supreme Court, which can be time-consuming, costly, and may increase the likelihood of disputes over your estate.

Having a Will does not necessarily mean it remains valid over time. Certain life events, such as marriage or divorce, can affect the validity of your Will.

Creating a Will is a straightforward process when guided by experienced professionals. If you would like to draft a Will or discuss your estate planning needs, our team is here to assist.

We offer:

• Fixed-fee pricing—the value of your estate does not affect the cost of creating a Will.

It would be our privilege to help you create a personalised and legally valid estate plan that provides peace of mind for you and your loved ones.