The laws pertaining to Wills and Estates is complicated, and many people are not sure about them. When it comes to an understanding them, if you need to draft a Will, it is prudent to consult experienced and credible lawyer Adelaide for help. The professionals will help you understand the laws so that you can take the right steps to bequeath your estate and property to the next of kin that you want to.
The laws in Adelaide and the need to understand them well before drafting your will
There are some instances in Adelaide when the validity of the Last Testament and Will of an individual is affected as per the Wills Act of 1936. In case a person dies without a will, the laws relating to intestacy apply. The distribution of the real estate of the deceased depends upon whether the person has children or a domestic partner as the next of kin.
What do lawyers in Adelaide say?
When it comes to the wills and marriage of a person the following laws apply in Adelaide-
1. Marriage – If the deceased is married, its existence will invalidate any Will that has been entered into by the person. The only instance where the marriage does not render the will made by the person void is when the will is made in contemplation of the marriage. If a new Will is not created by the person, the estate becomes intestate where a part or even the whole of the property is given to a new spouse. This is generally not an issue for some people; however, the issues will only arise when there are any beneficiaries that are pre-existing before the current marriage. Note, their legal status is affected, and so in order to protect them, lawyer Adelaide firms suggest a new Will should be drafted.
2. Marital separation – This will not make an existing Will null or void. The will remains effective, and it is valid till it stays revoked when a new Will is drafted. In case a person does not draft his first will or update a Will that exists during the separation from the spouse and later dies before the changes are made, a large portion of the estate that you hold will go away to your estranged spouse.
3. Divorce – When it comes to divorce, the beneficial interest goes in favour of your former spouse is revoked. This means your former spouse is no longer the Executor of the Will you create, and this also includes a gift that you have left to them unless the Court of Law believes that you had actually had the intentions to gift your former spouse your belongings. Lawyers recommend you should always update your will in the event of divorce immediately so that your wishes are taken into account in the future, and there is no change of legal status post your death.
For any Will or Estate matter, you should consult skilled and credible lawyers in the field so that you can make the desired changes and gift your property to the person you want to give it to post your demise.