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Making Your Will
Everyone wants to have as much control as possible in relation to what
happens to their property after they pass away. The only effective way
to do this is to make sure that you have a will that sets out exactly what
you want. The laws surrounding wills have traditionally been quite technical
and the only way in which you can be assured that the will you sign provides
what you want it to provide is to have your will drawn up professionally
by your solicitor.
We at Marriott Oliver are very experienced in this area. This means that
we know the kinds of problems that can occur in the drafting of wills and
in families, and can advise you about the right provisions for your particular
circumstance. All families are different and many are blended families
making it essential that your will is drawn precisely. Wills should be
regularly updated to take into account changes in family circumstances
and in assets. Making your will is not something that can be put off forever.
All seven Solicitors are experienced in this area and when you are
consulting us in relation to other legal matters it is often an opportunity
to discuss your will. If you wish to see one of us concerning only this
issue we understand that it is something very important to you and will
arrange an early appointment to consult with you.
Once you have signed your will we suggest that you leave it with us in
safe custody until it is either needed or you wish to change it. We have
a fireproof storeroom where we store clients’ documents free of charge.
We provide this as a service to our clients as it keeps the document safe
from loss or accidental destruction.
We provide you with a copy of your will and suggest you tell your executors
or family that the original is with us so that they know where to look
if needed. We also suggest that you leave with us any other important documents
such as your title documents for your home or other real estate so that
everything is kept safely in the one place.
Power of Attorney and Enduring Guardians
Often when a client consults us about their will we suggest that they
also appoint an attorney and a guardian. Your will operates from the
time of your death. A Power of Attorney appoints someone to do things from
a legal point of view up until the time of your death. The appointment
can be general or can be very specific in the things that the attorney
can do or as to when the attorney can act. You may want a specific person
to act for you if you are incapacitated. You need professional advice about
this. It is no good leaving the appointment of an attorney until you need
it because, if you need it, you may not be competent to make the appointment.
While an attorney can do legal things for you, your guardian is appointed
to look after you personally. A guardian can make decisions for you concerning
health care, where you live and what services are provided to you. You
can give your guardian directions about your wishes and be as general or
specific as you want.
You need very careful advice tailored to your specific family situation
when you execute these documents. You should consult the professionals
at Marriott Oliver so you can use their experience and competence to guide
you in this area.
What Happens When Someone Passes Away?
When a person passes away it is necessary for the community to know that
the estate is passing to the right people. The right people are the people
nominated in your will or, if you have not prepared your will, your next
of kin as defined by law.
In a simple estate with no real estate and limited assets the financial
institution usually just requires the executor of the will or the family
to establish their identity and provide them with basic information and
they will release the asset.
In a larger estate, particularly where the deceased owned real estate
in his or her sole name, a grant of Probate is needed. This is a proving
process where the executor completes documents, which are filed in the
Supreme Court establishing the existence of the will, details of the assets
and other facts required by the court. The court issues a “Probate Document“
and production of that document then enables the financial institutions
and the Land Titles office to know they are releasing the asset to the
right people.
In either case a large amount of paper work is required. Each financial
institution has their own requirements and the requirements of the court
are quite strict. This is the last thing that you want to be worried about
when you are suffering the grief of the loss of a loved one. The best way
to ensure that your loved one’s estate is finalised as quickly and smoothly
as possible is to consult us. We pride ourselves in making sure that our
estate matters are finalised with the minimum of fuss and a minimum of
effort on your part. You provide us with the information and we come up
with the solutions.
Can a Will be Challenged?
Most wills made by a solicitor are competently made and are not open
to challenge on the question of their validity. Wills can however be challenged
under the Family Provision Act. This Act allows very specified persons
such as children and the spouse to bring a claim to the court alleging
that the deceased did not make “proper provision“ for them in their estate.
There is nothing you can do to stop such a claim being made. What your
family needs is good advice from competent professionals if the situation
arises in which such a claim is made or you want to make such a claim yourself.
We at Marriott Oliver have extensive experience in this field and can offer
you good down-to-earth advice. We know that it is better to have straight
advice that will lead to the matter resolving rather than have an ongoing
dispute at this most difficult family time.
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