At Adams & Partners Lawyers, we assist our clients with a range of legal services. However, one of our most thriving and knowledgeable areas is our Wills and Estates Team. We get asked numerous questions all time here at Adams & Partners but as of May 2020, two questions we are getting asked a lot is :

  • Why would it be necessary for me to have a Will?
  • Why can’t I just write my own Will and save money?

At Adams & Partners Lawyers we are sticklers for ensuring that our clients are best protected. One of the key ways we believe this is possible is through the use of a valid Will. Without a valid Will you will leave yourself open for having problems with your estate. This means that your family will most likely have unnecessary problems for you to deal with.

Whilst you can draft your own version of a Will at home, there is a good chance that it may not comply with the various requirements of the Supreme Court of NSW. These requirements involve things such as the proper executing requirements and the number of witnesses. If you pass away with a document of this nature, the Court will most likely determine that you have an informal Will.

If you pass with an informal Will in New South Wales, the Succession Act allows the Court to dispense with the normal provisions of a Will. Whilst the Court has the ability to do this, the process can be rigorous and time consuming. This means that an order for Probate may be delayed due to further evidence being provided by the Executors. Long story short, it will take longer to distribute the funds to the nominated beneficiaries.

Due to all of this, it is the recommendation of all our staff at Adams & Partners that everybody have a Will. This will make the process of Probate easier and also ensures that the family members and friends you wish to receive your estate will be able too.

We are able to assist any client with a Will or other estate planning documents. We have offices at Penrith, Parramatta and Sydney and are able to easily travel to the Hawkesbury if necessary. If you would like any help, please give us a call on 4721 6200.

Written by Cameron Spanner

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