Understanding the Will Writing Process

Law Blog

You may already know the importance of writing a will, especially when you have a large estate. You don't want to leave your loved ones in financial problems or legal disputes once you become incapacitated or die; a will helps solve such problems. Here's what you need to know about how to write a will:

You Need Professional Help

Start by hiring a wills and estate lawyer. Wills are sensitive documents that should be worded correctly to avoid leaving room for will disputes and to ensure that you have catered to every important person and detail.

Wills and estate lawyers can also help you avoid leaving out important information that you think is not relevant. They ensure that all the clauses are clear and have no loopholes used as entry points by will contesters.

What Does the Wills and Estate Lawyer Help You Do?

First, the wills and estate lawyer will give you details about his or her services and fees; this is so that you know how much the entire service will cost. Secondly, you will be asked various questions to help the lawyer accurately identify the size of your estate and the particular people or organisations you want to leave your estate. Armed with this information, your attorney will be in a position to guide you in writing your will.

What Is Included in Your Will?

A will mostly comprise a list of the people and organisations you want to give a portion of your estate. It also includes:

  • The name of a will executor specialist or organisation (the person to distribute your estate) — this person should be authorised by a probate court during will validation.
  • The names of witnesses (people present during will signing) — have credible witnesses; for example, a lawyer or a notary public.
  • Details about what you want to do if extraordinary measures are needed to lengthen your life.
  • Names of people to be left in charge of operating your business or being the guardian to children if you are incapacitated — a disease or injury renders you incapable of carrying out day to day activities efficiently or effectively.
  • Names of people who should not be allowed to contest your will, giving legal reasons why — your lawyer should help you give credible reasons. 

Note that you need to update your will regularly; it is not uncommon for some people in your will to become incapacitated or even die. If such a scenario occurs, you need to change various details in your will and have it validated again.


30 December 2020

Dealing With Divorce

Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.