Writing your will is one of the most important legal tasks most of us have to deal with during our lifetimes, and making sure your will is clear and precisely written is essential for ensuring your family is provided for after you pass on. Whether your estate is large or small, arguments and even legal battles among your relatives and beneficiaries can be prompted by a poorly written will, so it's never a bad idea to seek out professional assistance from an accredited family lawyer. Listed below are just a few of the ways hiring a family lawyer can ensure your will is everything it needs to be:
Avoiding small mistakes that can become big problems
Simple omissions, miscalculation and even typographical errors can be enough to call the validity of a written will into doubt, and hiring a lawyer to oversee the writing of your will is the best way to avoid these simple mistakes. Common mistakes that can lead to problems include missing signatures, improper or missing notarisation, and misspelled names of beneficiaries and financial trusts -- all of these mistakes will be spotted by a family lawyer, who has training and experience in spotting such errors.
Ensuring proper witnessing and notarisation
In order to be legally binding, the writing, signing and placement of your will must be witnessed by at least two competent persons; these witnesses cannot be related to you, or stand to benefit from your will in the event of your passing. Finding suitable witnesses on our own can be difficult, and unknowingly choosing an ineligible witness has seen many wills challenged in court; a family lawyer will be able to assist you with choosing proper witnesses and may be able to offer professional witnessing services if none can be found.
Depending on your local legal jurisdiction and the contents and stipulations of your will, you may also be required to have the documents of your will professionally notarised. Many family law services keep notary services on retainer and will help expedite the process significantly.
Preparing for the unexpected
Even the most thorough and well-informed DIY will writer can't prepare for every possible eventuality, and many self-written wills are undermined by unexpected events affecting the writer or their beneficiaries. For instance, the primary heir in your will may be unfortunate enough to pass on before you, or properties and trust funds included in your will may be altered or declared insolvent before the event of your passing. A family lawyer can advise you on how to prepare for these unlikely events, and how to properly insert and word these contingencies in your will.
Share20 September 2017
Hello, my name is Jenny and this is my probate law blog. I should say now, I am not a lawyer and I have not had any professional legal training. However, I do know a thing or two about probate. I taught myself a lot after the death of my grandma. My grandma left a lot of money and property behind, but unfortunately, she didn't leave a will. This lead to several family members staking a claim on the inheritance. I instructed a lawyer to act on my mother's behalf to ensure that she was not cheated out of her share.