What is a Will?

A Will is a document which tells the world how you wish for your assets and liabilities to be distributed after your death.

Wills are an important legal document which every adult should have. Without a Will, your estate will be distributed under legislative requirements, which may not be in accordance with your wishes or intentions.

It is important to have your Will drafted by a lawyer so that you know exactly what will happen to your estate when you pass. We often deal with Probate matters, where small technical differences in a Will can make the world of difference. Many Wills drawn up during a person’s lifetime, by the person themselves do not reflect the testator’s current intentions or have unforeseen ramifications to the estate.
Why should you have a Will?
Making a Will is the only way for you to be certain that your estate is passed on to the people you choose. It also gives security for those who are close to you, to know that they will be taken care of after you pass.
Your Will can appoint guardians of your children under 18 year olds and to arrange for their maintenance and education, your Will can also indicate what you wish to happen with your remains.

Why a Lawyer should draft your Will
Making a Will is a legally technical task, often requiring consideration of complex financial, legal and tax issues to ensure that your estate is distributed in accordance with your wishes.

What you should consider in having your Will drafted?

  • Who will be your executor, the person who manages your estate and distributes your funds to the beneficiaries?
  • Who will be the beneficiaries to your Will?
  • Will they receive specific gifts or alternatively, what share of your estate should they inherit?
  • Will you specifically be leaving anyone out of your Will?
  • Who is appointed guardian of your minor children if you die?
  •  Is there a need for a more complex Will because of specific tax issues?

The issues noted above are just some of the important considerations that a lawyer at Havilah Legal can advise you on in the course of preparing your Will and/or assisting with your estate planning requirements. Please don’t hesitate to contact us with any queries.