5 reasons why you may need a wills and estates lawyer

1. You need a will done:

A will is a very important document that sets out what you wish to happen to your property and assets – called your estate – after you die.  

If you want to gift a particular item of sentimental value – such as that Pokémon card collection you’ve building up, to your niece – then it is essential for you have a will in place.  

If you want to ensure your loved ones will be supported financially in your absence – I'm talking to you sole or majority providers of your household – then it is essential for you to have a will in place.  

If you have any minor children, you’re used to navigating tough parental decisions – whether to sleep train or not, what type of childcare bests suits your family. The ultimate parental decision is who will raise your children as their guardian in the event both parents die. If you want control over who raises your children – then it is essential for you to have a will in place.

In a will, you can also nominate a person to ensure your wishes in your will are carried out – they're called an executor. Because otherwise this role may fall on someone in your life who is not best suited or who you’d rather not burden during their grief, if you die without a will.  

If you die without a will, there is no written record of how you want your estate distributed. This means your estate will be distributed in accordance with a formula set out in legislation which may be complex for the administrator and is unlikely to align with your wishes.  

A lawyer will be able to ensure your will is valid and your wishes expressed in a clear way so that it is most effective. Please don’t leave it up to chance with a DIY will kit from the post office or newsagents!

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2. You need to change your will:  

So, you already have a will, good work!

But did you know, there are some life events that invalidate your will – such as getting married, getting divorced or having kids. These are stressful milestone events so updating your will is likely the last thing on your mind. But before you grab it out of the drawer and grab a pen to update it – you cannot legally update a will by crossing things out and scribbling in the new details.  

A lawyer will be able to update your will or create a new will for major changes, to ensure it is valid. If you need a reminder of why that is important, go back to point 1.

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3. You need other estate planning documents:  

Whilst having a will is important, there are other documents that may also be important for you to have depending on your life circumstances.  

• An enduring power of guardianship appoints a person to make decisions regarding your health and lifestyle.
• An enduring power of attorney appoints a person to make decisions regarding your financial affairs.
• And an advanced health directive sets out in advance your wishes when it comes to health treatments you may need. 

All of these come into effect whilst you are alive but may be incapacitated or no longer able to make decisions for yourself due to illness. A lawyer will be able to assess the documents that are most appropriate for your circumstances and ensure your wishes are expressed in a clear way so that it is most effective.

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4. Grant of probate or administration:

Perhaps the shoe is on the other foot, and you have been appointed as an executor in someone else’s will or are administering the estate of a person who died without a will.  

You will have many legal duties and responsibilities – such as filing the court application; identifying, managing and distributing the assets, paying the deceased’s expenses and debts, and preparing a final report. And on top of all that, you may also be unlucky enough to have to deal with people making claims against the estate. Being an executor or administrator of a will is complicated and a lawyer will be able to guide you through the process – a process they are very familiar with – and ensure everything is done correctly.

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‍5. Estate litigation:  ‍

Let’s go back to the issue of people making claims against the estate – contested wills, disputes between beneficiaries, family provisions claims, breach of duty claims – these are all unfortunate possibilities because there’s nothing quite like the smell of inheritance to bring out distant relatives from the woodwork. A lawyer will be able to assist you with matters like this by providing advice on your situation to ensure the conflict is resolved in a way that endeavours to try to maintain as many of the wishes of the deceased reflected in their will.  

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