A Wills is a document
that determines how your assets are to be distributed when you die. It is very
important to have the Wills to fulfil
your desires. If you do not have the Wills,
your property will be distributed to your relatives according to the rules of
intestines.
How can I Making A Wills?
It is recommended that you attach an attorney to formulate
your property and advise you to draft your Wills
for you.
Alternatively, you can draft your own format using
Australian Will Kit available for this purpose. If you plan to make your own
choices, then you must follow certain requirements to make it legal. If your Wills is invalid, then your property
will be distributed according to the last validity made by you, or if you have
not made the Wills according to the
rules of will before that.
Drafting and Executing of Wills
A can either be handwritten or typed but it must be written
in order to be valid. A should also be signed and dated by the bequest (the
person Making A Wills)
in the presence of two witnesses who will have to sign the document and then
co-sign each other in the presence of each other. The names and addresses of
witnesses should be printed under their signatures.
A witness can be anyone of more than 18 years of age and who
is of sound mind and is able to sign the Wills
to the testator. Executor or a trustee of your name may also be a witness,
although a person who is receiving gifts under the Wills (a beneficiary) should not be witness to the Wills.
It is generally recommended that the testator signatures at
the bottom of each page of the testator, as well as verification clause at the
end of the document. As far as possible, the change should not be made after
the Wills be signed, but where
necessary it should be initiated by the two witnesses in the presence of the
testator and one another.
The original copy of the
Wills be marked "original" and must be stored in a safe place.
Ensure that your executor will know where he is placed.
When should I update my Wills?
You should update your Wills
after the event of any major life such as: marrying, entering a real
relationship, separation, divorce, child birth, death of husband or wife or
partner This is because certain events change your willpower status. For
example, marriage cancels any pre-will (unless it is done in anticipation of
marriage) and divorce will cancel any gift to your ex-husband in your Wills.
Circumstances and relationships also change, so to ensure
that it still shows your wishes, it is a good idea to review your every few
years. When you make a new valid Wills,
it cancels any previous Wills made
by you.
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