Wills & Probate
Our Wills and Probate Department provides high quality legal advice in a number of areas. Our areas of expertise includes
- Wills and Estate Planning
- Enduring Power of Attorney
- Estate Tax Planning
- Administration of Estates
- Disputes concerning Wills and Trusts
Common Questions
Can anyone make a Will?
Anyone can make a Will provided they are over 18 years of age or if under 18 years of age are married.
What happens if I do not make a Will?
Your Estate will be distributed according to the Succession Act. If you are married with no children, your wife/husband would take all of your Estate, married with children, your wife/husband takes 2/3of your estate and your children 1/3.
When does an Executor starts to act?
An Executor begins to act whenever the Testator has died and the Executor has no power until then.
Can a Beneficiary be an Executor?
Yes, but it may be advisable to appoint an independent person to avoid any potential conflict of interest.
What is the cost of making a Will?
This question should be probably reversed what a cost of not making a Will as if a Will is not made the property will pass on intestacy and an insurance bond may have to be obtained from an insurance company which will result in additional costs and also any relevant tax planning will not have been available and therefore there could be a potentially much larger Capital Acquisition Tax bill for your next of kin as a result of a Will not being made.