Few people think about dying while life is going well – when you get a great new job, build your dream home, marry your life partner, have a baby, win the lotto and when life is full of hope.
Most of us only give death any real consideration when challenged by deteriorating health or on diagnosis of a life-threatening illness.
While we are uncomfortable planning for this, it is essential to consider the inevitable – your life without you in it .
A properly drafted Will gives you a say after you die.
I&J LAW can advise you on the legal requirements of a Will with specific regard to your own circumstances.
We can draft and update your Will to include the following clauses as appropriate:
- Testamentary trusts to protect your children.
This allows you to preserve your children’s assets until they reach a certain age but in the interim allows the Trust funds to be used for their maintenance, education, welfare and even travel where appropriate.
- Stipulating your choice as to who your children live with.
We can advise you what is required to appoint a guardian for your children and how to make a wish-list setting out how you would like your children to grow up.
- Ensuring that your partner has a life interest in the family home.
This is one way of protecting the home if your partner decides to re-partner after your death, but at the same time gives them the security of a home.
- Directing that your family home pass to your children and not fall into the hands of a third party.
if you don’t make a Will you may find that your estate passes from your partner to their new partner rather than to your children or your chosen beneficiaries.
- Direct that your former de facto doesn’t successfully claim against your estate.
It may be that your de facto from umpteen years ago may have a claim and if you don’t specifically exclude them in your Will they may well inherit some of your estate.
- Direct the future of your business interests.
Depending on relevant company documents you may need to incorporate in your Will what is to happen with your shares, directorship and conduct of your business.
Besides drafting your Will, we can also assist with the following services:
- Advise you on ‘eligible’ beneficiaries who have an entitlement pursuant to relevant legislation and draft your Will to provide safeguards in the event that it is contested after your death.
- Make a claim against an estate if you have been left out of a Will, to assist you to attempt to realise your entitlement.
- Defend a claim against a deceased estate if you are the executor and /or beneficiary in a Will when a party left out of the Will seeks to benefit from the estate.