Do I need a Will?
If you are considering making a will, it is important to understand the legal requirements and procedures involved. A will is a legal document that outlines how you want your assets to be distributed after your death, and it is an important tool for ensuring that your wishes are carried out.
One of the first things you should do is consult with a lawyer to discuss your options and get advice on the best way to proceed. A lawyer can help you understand the legal requirements for making a will and can assist you in drafting a will that meets those requirements.
In Queensland, the Succession Act 1981 (QLD) allows you to make a will if you are over the age of 18 and have testamentary capacity (i.e., you are of sound mind and able to understand the nature and effect of your will). In some circumstances a Will can be made by a minor in contemplation of a marriage, or if married may make, alter or revoke a will.
To make a valid will, you must:
-Make the will voluntarily
-Make the will in writing
-Sign the will in the presence of two witnesses
-Have the witnesses sign the will in your presence
It is important to ensure that your will meets these requirements, as any errors or omissions could result in the will being deemed invalid. A lawyer can help you ensure that your will is properly executed and meets all legal requirements.
In addition to outlining how you want your assets to be distributed, a will can also be used to appoint a guardian for any minor children you may have and to appoint an executor to manage the distribution of your assets.
A lawyer can help you choose the right person for these roles and can advise you on the duties and responsibilities of these individuals.
It is also important to review and update your will periodically, as your circumstances may change over time. For example, if you get married or divorced, have children, or acquire new assets, you may need to update your will to reflect these changes. A lawyer can help you review your will and make any necessary updates.
If you would like a Will please contact us for a free initial consultation with a lawyer.
