A will is a legal document that sets out your wishes as to what is to be done with your assets after your death.
An unambiguous, correctly drafted and current will that clearly states your wishes is the best possible way to ensure that your assets are dealt with in accordance with your wishes upon your death.
If you die without leaving a will your assets will be distributed in accordance with a legal formula and it is possible that the government may end up with some your assets but rarely will they take all of your asset, although it can happen if you don’t leave a valid will and you have no relatives who come under the intestacy scheme.
Wrights Legal can assist you in drafting a Will that is clear-cut, legally valid and in accordance with your instructions, giving you the best possible chance that your wishes will be followed upon your death.
It is required that in each will created, an executor be appointed to administer the will upon the death of the principal.
In order to have authority to deal with the assets of the deceased, the executor must, in most cases, be granted Probate.
An application for Probate is filed at the Supreme Court of NSW and is accompanied by various documents including:
- The original will;
- A death certificate;
- Details of deceased assets; and
- Evidence that the deceased death has been advertised.
Upon the court granting Probate the executor is authorised to administer the estate of the deceased in accordance with the will.
Filing an application for probate and administering an estate can be time consuming, complicated and costly if mistakes are made, therefore it is recommended that you seek professional assistance. Wrights Legal have the experience to help.
