What is a Simple Will & Joint Will in Western Australia?
A Simple Will in Western Australia is a legal document that allows an individual (the testator) to specify how their assets will be distributed after their death. It is a document that states the testator’s wishes for the distribution of their assets, including property, money, and personal belongings, and it names the beneficiaries who will receive these assets.
A Simple Will is a basic document that can be used to express the testator’s wishes for the distribution of their assets and to name the executor, who will be responsible for carrying out the testator’s wishes.
On the other hand, a Joint Will in Western Australia is a legal document that is executed by two or more people, typically a married couple, specifying how their assets will be distributed after their death. A joint will is a single document that sets out the wishes of both parties and it becomes effective when the first party dies, the second party can’t change the will without the consent of the first party and when the second party dies the will is executed as per the instructions given in the joint will
It is important to note that a will must be signed by the testator in the presence of two witnesses and that a will can be amended or revoked at any time as long as the testator has the capacity to do so. It is always recommended to seek legal advice from a lawyer to understand the legal requirements for making a will and to ensure that the will meets the testator’s wishes and the legal requirements.
What are the steps involving in obtaining a Simple Will & Joint Will in Western Australia?
The steps involved in making a Simple Will or Joint Will in Western Australia typically include:
- Assessing Eligibility: The first step is to determine whether the individual is eligible to make a will, based on their capacity to make decisions for themselves.
- Obtaining legal advice: The individual should seek legal advice from a lawyer to understand the legal requirements for making a will and the implications of the instructions outlined in the will.
- Drafting the will: The individual will need to draft the will, which should include instructions on how their assets should be distributed and the appointment of an executor.
- Signing and witnessing the will: The will must be signed by the testator in the presence of two witnesses who are not beneficiaries under the will.
- Storing the will: The will should be stored in a safe place, such as a safety deposit box, and the testator should inform their executor and family members of the location of the will.
- Reviewing and updating the will: The will should be reviewed and updated regularly to ensure that it continues to reflect the testator’s wishes and that the named executor is still suitable to act in that role.
It is important to note that a will is a legal document and must meet the legal requirements in order to be valid. The process of making a will can be complex, it is always recommended to seek legal advice from a lawyer to understand the process and to ensure that the document meets the legal requirements.
How can a Simple Will & Joint Will lawyer help?
A Simple Will & Joint Will lawyer in Western Australia can help individuals by providing legal advice and drafting a will that complies with the legal requirements of Western Australia.
Specifically, a will lawyer can help by:
- Advising on the legal requirements for making a will,
- Ensuring that the will is clear, specific and legally valid,
- Preparing and drafting the will document,
- Advising on the process of executing the will,
- Advising on the legal requirements for revoking or amending a will,
- Advising on the appointment of an executor and the executor’s responsibilities,
- Advising on the distribution of assets and the payment of debts,
- Representing the testator in any court proceedings related to the will.
Additionally, a will lawyer can also provide guidance on the best course of action to take to ensure that the testator’s wishes are respected after their death and how to communicate the will to the relevant parties such as family members and financial institutions.
It is important to note that a will is a legal document and must meet the legal requirements in order to be valid. Therefore, it is recommended to seek legal advice to understand the process and to ensure that the document meets the legal requirements.
Our friendly professionals at Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.
