Wills & Estates Lawyer
Our firm has a team of attorneys holding with experience in wills and inheritances. They specialize in drafting wills, requests to uphold wills, objections to wills, protection of wills, or cancellations of wills, as well as proceedings before the Registrar of Inheritances and the various courts and legal instances.
Drafting a Will
The Articles of the Inheritance Law relate to the transfer of a person’s estate to the inheritors upon that person’s death. Countless people find the dispositive aspect of this law an appropriate and convenient arrangement. However, the legislator enables an individual to set individual instructions for the estate’s distribution through a will, which shall override most of the instructions stipulated in the Inheritance Law. Once a person has bequeathed part or all of their estate in a will, the inheritance law no longer applies to that estate of a part thereof.
A will is the proper and customary way for a person to express their wishes regarding their property and how, and to whom, they will be distributed. A will generally resolves various disputes that may arise regarding the transfer of inherited assets from one generation to the next.
Drafting a Will by a Wills Attorney
Investing your time and attention in drafting a will is worthwhile if you wish to deviate from the frameworks set out in the Inheritance Law, whether you wish to prefer one heir over another, or set any other instructions. A person who does not leave a will forfeits control over the distribution of their assets upon their death. A death of a family member can be an event of great psycho-emotional difficulty for the rest of the family, and may give rise to conflicts between heirs that can take many years to resolve.
Saving others from this kind of conflict makes drafting a will during a person’s lifetime is extremely important, as it ensures the person’s preferences and wishes regarding the distribution of property. In fact, a will is a contract between the testator and the potential heirs. It is enforced by the state after the testator’s death, and protects the wishes of the deceased and the rights of those the deceased has designated as inheritors.
It is important to note that any arrangement can be entered in a will during a person’s life, including making changes, adding items, removing items, and even canceling it completely. The latest chronological date will be viewed by the state as the binding contract. Should a conflict arise between the provisions of a person’s altered wills, the last will cancels the provisions of all previous wills.
Wills: When and Why?
Taking the above into account, what are circumstances that warrant drafting a will? Countless examples exist but here are just a few:
- When a person holds a property that cannot be divided among heirs. By drafting a will, it is possible to attribute specific details and assets to specific heirs.
- When a person wishes to leave the residence or other property firstly to a spouse or partner, and only later, to their children. In such cases, the will is called “A Mutual Will” and sets the arrangement between the couple.
- When a common law couple seeks to avoid unnecessary litigation regarding the status of the remaining living common law spouse.
- Same sex couples or couples who have children from other/previous relationships.
- When the testator does not have a spouse or children, and in the absence of a will, any assets will be transferred to the testator’s parents irrespective of the nature of the relationship between them.
Our firm’s extensive and unique Family Law Department includes leading, experienced lawyers in the field of wills. Our lawyers assist clients in drafting, formulating and executing wills, realizing wills and inheritances, objecting to wills, validating wills, validating changes to wills, and so on.
Our firm’s wills team is highly professional and well-known for their work in this field, and provide full legal assistance, personalized and optimized to each client’s requirements.