Wills & Bequests – A guide

Why is it so important that your will stands up in court? Because if it does not, or there are ambiguities in your will, the courts may decide to distribute your estate in a different way to how you wanted. One of the main purposes of a will is to ensure that your wishes for your possessions are carried out. Having your will made invalid in court is also problematic because it could then result in your family not agreeing over your estate and you will not be there to specify what you want to go to whom. Having a purposeful and valid will that clearly states who should get what better prevents such conflicts. Again, a lawyer can also advise you of what obligations you have under other legislation (such as family protection law) or what potential issues may arise with your will that you may never have known existed. Being mindful of these obligations when you make your will may better ensure that your will is upheld by the courts.

Wills – common terms Administrator – a personal representative appointed by the court where a person dies intestate (like an executor) Assets – property such as land, buildings, chattels and personal items Beneficiary – those named under the will who stand to benefit/ inherit under the will Bequest – property or money that is disposed of under a will Codicil – a supplementary will that is added on after the initial will has been signed

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