Wills, Probate, & Estate Disputes
We’ll arrange for the assets to be quickly distributed to your loved ones and not be tied up with administrators.
When making a will it is vital that it is drafted with precision to ensure that your intentions will be effected allowing all of your nominated beneficiaries to share in your estate in the manner in which you intend. There is nothing worse than where a person drafts a will and, following their demise it leads to some beneficiaries being excluded due to poor drafting of the will.
Even where wills have received care and attention when drafted it is essential to bear in mind that not only the main beneficiaries but others may also have a right to claim on your estate eg. under the Succession Act.
Many wills are contested today because a beneficiary comes forward after the demise of the testator or because the will fails to reflect the testator’s true state of mind with respect to these individuals.
Williamson & Associates Solicitors are able to assist clients with the following:
Acting for executors
Will drafting and advice
Intestacies
Family Provision Act claims
Executor’s Duties
Grants of Probate
Reconstruction of Assets
Wills and Estate Disputes
Preparation of Wills
We need to know the name of the Trustee and Executor of your estate who will need to be over the age of 18 years. This is usually husbands/wife and an alternative trustee/executor can be a child over the age of eighteen years or in the event you have minor children your siblings that are able to administer the affairs of the children. In the event both parents die leaving children under the age of eighteen years the children automatically become wards of the State and you should nominate a guardian of your infant children and your wishes will be taken into account when the children are placed with either your parents if they are able to look after them or alternatively a sibling.
Please list any special gifts example; jewellery, paintings, antiques, that are to be returned or given to family members. If you have any outstanding debts to siblings and/or parents these should be noted to be repaid prior to distribution of your estate.
What we need is the names and addresses of your trustees, executors and guardians and names and addresses of the beneficiaries (if they are not your children) of your estate.
Power of Attorney
Husband and wife usually appoint each other and then we need an alternative Attorney such as older children or in the event you have minor children under the age of eighteen years appointing one of your siblings to look after your financial and health care matters.
If you have heard of a Health Directive this is really only for older people who can make a decision to turn off life support and needs to be signed off by a medical practitioner. It is not common for people under sixty to enter into a health care directive. The power of attorney document certainly gives the family an opportunity to tell the doctors what type of treatment they feel would be appropriate for the giver of the attorney document and I would be happy to discuss this with you further.
