If you die without a will, your assets will be distributed according to intestacy laws, which may not align with your wishes. Dying intestate can cause delays, legal disputes, and unintended outcomes, leaving your loved ones with financial and administrative burdens. To ensure your estate is handled according to your wishes and to avoid complications, having a valid will is essential.

Yes, you can update your will at any time. Significant life events – such as marriage, divorce, or the birth of a child, should prompt a review.

An executor is responsible for:

• Applying for probate.
• Paying outstanding debts and taxes.
• Distributing assets according to the will.
• Managing any legal claims against the estate.

Choosing a reliable executor is crucial to ensure your wishes are carried out efficiently.

Probate is granted when there is a valid will, giving the executor authority to distribute the estate. Letters of administration apply when there is no will, allowing a court-appointed administrator to manage the estate.

Yes, you may contest a will if you believe you have been unfairly left out or not adequately provided for. Contesting a will is different from challenging its validity, which occurs when someone claims the will was not properly executed. To successfully contest a will, you must demonstrate financial need and show that, in light of this need, the deceased should have made greater provision for you. The court will consider your relationship with the deceased, their moral obligation to support you, and the provisions made for other beneficiaries. Ultimately, the court applies the “reasonably minded testator” standard to determine whether fair provision has been made. To minimise the risk of disputes, it is important to have a legally sound will drafted by a professional. A lawyer can ensure your will is clear, valid, and properly executed, reducing the likelihood of it being contested or challenged and helping to protect your final wishes.

A testamentary trust is a trust established within a will that comes into effect after your passing. It helps: Protect assets from divorce or bankruptcy. Reduce tax for beneficiaries. Provide controlled inheritance for minors or vulnerable beneficiaries.

If no will exists, an eligible person (spouse, child, next of kin) can apply for Letters of Administration to manage and distribute the estate. The court appoints an administrator to act in a role similar to an executor.