Why make a Will?

Whitmarsh Law has been offering free wills since we opened in 2011.

Most people should have a will, those who don’t most likely haven’t got around to making one or have not thought about it and why they need one.

That is why Whitmarsh Law have made the process of making a will as simple as possible for you.

We have a four page Will Drafting Form found in the downloads page on our website or we have hard copies available in our office. Once the Will Drafting Form is filled out and returned to us, one of our lawyers will create a draft will and send it to you for your approval, making any changes as required. Once all is in accordance with your wishes, we arrange for you to come into the office and sign the original will, easy as that.

Wills are ambulatory, which means that the will remains changeable until the will-maker dies. The will takes effect on death, but until then it can be changed or revoked. So if circumstances in your life change which affect your will or you want to make any changes, we can easily amend your will or make an entirely new will free of cost. So it is best to put something in place now for your own peace of mind and your family’s.

Take a look below at some of the reasons why you should make a will and what happens if someone passes away without a will:

Why make a will?

A will is made so the will-maker can specify what is to happen to their property and interests after their death. They should consider appointing the person or persons who will look after their estate (the executors), and can appoint testamentary guardians for children. A will can also be used to direct how an estate should be administered.

A will-maker has testamentary freedom – this means they can leave their property to whoever they want. However, claims can be made against an estate after the will-maker’s death.

A person’s estate consists of everything owned that is capable of being passed on after death. Some things cannot be passed on after death, and they don’t form part of a person’s estate.

A will-maker can also appoint people to deal with their property after their death (the executor and trustee). These may be professionals (such as a lawyer or a trustee company), or they may be friends or relations.

Making a will, will provide peace of mind for yourself and family members that your wishes will be carried our correctly.

What happens if a person passes away without a will?

If a person has not made a will their property will be dealt with according to the rules of intestacy which has long been regarded as less than ideal.

The intestacy rules set out who can deal with the estate and who it passes to. The intestacy rules give priority to immediate family members. The surviving spouse or partner and children have the first claims, then more distant family.

The Estate Administration process generally takes longer and is more expensive without a Will so making a Will should be an obvious decision to make!

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