Havilah Legal's Wills & Estates team can advise on:

• Wills;
• Enduring Powers of Attorney, Enduring Powers of Guardianship, and Advanced Health Directives;
• Estate Planning and Structuring;
• Testamentary Trusts;
• Applications for Probate and Letters of Administration;
• Survivorship Applications;
• Estate Administration;
• Inheritance Disputes; and
• Applications for Administration and Guardianship Orders.

Do you like having the last word? While it’s well known that Wills are important to ensure your loved ones are looked after and your bills paid, it’s also a chance to express yourself.

If you have made a Will before, it may need to be reviewed or even redone. Changes in your health, family, friends, your interests, your nominated Executor and your employment or business can each be a good reason for having a look at your Will; or you may simply wish to change it for your own reasons.

However, it’s worth noting that if you have divorced or remarried since making your Will, it’s more than likely that it has now been automatically revoked.

If you are planning on getting a divorce or remarrying, you can make a Will in contemplation of that event – but while this is not complicated or expensive, you will need proper advice to do so. It’s also worth thinking about whether your Will could be challenged after your death, and taking that into account when drawing it up; again, having the right legal advice is crucial.

If you have never made a Will, then you should do so as soon as you can. As well as making an often difficult and distressing time easier for those you leave behind, a Will is a safeguard for the future.

If you die intestate – that is without a valid Will, or with one that covers only part of your assets – your wishes may not be carried out. In this case the State Government will apply a statutory formula to decide division of your assets, which varies depending on who is left behind.

A properly prepared and up-to-date Will can simplify the administration of a deceased estate, and the team at Havilah Legal is available to guide you through what can be a complex process.

Alternatively, if you believe you have been unfairly treated under the terms of a Will, we may also be able to assist you. It is possible to legally challenge a Will on the basis that the Will was not properly made, for example, or that the person who made the Will was not of sound mind. A challenge may also be raised under the Inheritance (Family and Dependants Provisions) Act – although this option is only available to a limited number of people, and time limits apply.

If you need advice on Wills and deceased estates, contact the team at Havilah Legal for advice or make a booking with our Legal Information Desk lawyer. For an initial 20-minute consultation free of charge, he can assess your situation and provide straightforward and practical advice on how best to proceed.

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