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You need to be over 18 years of age and of sound mind to make a will.

 

We strongly advise against writing your own will or using a do it yourself will or will kit.  Probate law is complicated and even if you envisage making a simple will you should know the pitfalls.

One of the first things to decide is who to appoint as Executor and Trustee. It is the executor’s responsibility to ensure that the terms of the will are carried out and if necessary to get a grant of probate. Once all your debts and expenses have been paid and the property has been distributed the executor’s job finishes. If there are duties that continue past the distribution of property the trustee will be responsible for those.

 You can appoint more than one executor and trustee.

You can choose who will benefit from your will, however wills can be challenged. If you have decided not to include a close family member in your will you should discuss this with your lawyer. Wills can be challenged. If someone challenges the will the legal costs may come out of your estate. There are ways to avoid having someone challenge your will.


 

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