Templar Legal can assist you in the prompt preparation of your own legally valid Will and provide assistance in your Estate planning issues. We offer “on the spot” will drafting and changes, which in most cases concludes with you signing a legally valid Will at your first interview. We can also assist in more complex Estate Planning (Testamentary Trusts) or Complex Wills (particularly for self-employed business persons). You also have the option to apply online for a Will here prior to the appointment which we offer at a reduced price.
Enquire online about our “fixed price” and online mobile Will service here or via telephone.
Templar Legal also assists with a variety of legal services which includes, but are not limited to advice and assistance with:
- Appointing a suitable Power of Attorney to manage your financial affairs while you are alive;
- Appointing a suitable Enduring Guardian in the event you can no longer make health and lifestyle decisions;
- The functionality of existing Wills. For example, did you know if you own property as joint tenants, the property can not be gifted in your Will?
- Individuals who are self-employed or manages a business which may have complex assets:
- Probate Applications;
- Letter of Administration Applications;
- Deceased Estates Disputes.
The Requirements of a Will
A Will must be in writing and contain the following:
- Executor / Executrix and Trustee
This is a person that you appoint who, upon your death, would be responsible for gathering and administering your Estate according to your Will. You can appoint a single Executor, more than one acting jointly, or a Trustee Company.
It is always beneficial to appoint a substitute Executor in case the first Executor you nominate is unable or unwilling to act.
Usually the Executor is also the Trustee of your Estate. That is, whilst your Estate is being gathered, they are responsible for looking after it. This Trusteeship may continue for some time, especially if you have “infant” beneficiaries (children under the age of 18).
A Beneficiary is a person, organisation or other entity to whom you would like to leave part or all of your estate upon your death. You may have as many Beneficiaries as you wish. In the event that a Beneficiary dies before you do, you will need to consider where you would like their share of your Estate to go to. For example, if you leave a part of your Estate to your sister, and she dies before you do, then you may like to have her share pass to her children.
- Your Signature, which is to be Witnessed
For your Will to be valid, you need to sign at the bottom of each page of your Will and where indicated on the final page. When you do this, you must also have two independent adults to witness in person, when signing your Will. They must each sign next to your signature at the bottom of each page and where indicated on the final page. Your Will is not valid unless this occurs. It is important to note that it is preferable that a Beneficiary is not a witness to your signature.
The Duties of an Executor
The Duties of an Executor are as follows:
(i) to bury the deceased (although this is usually performed in by the next of kin);
(ii) to formally “prove” the Will (usually in a Grant of Probate);
(iii) to collect the Estate (including Wills and Estate Planning money or property owed to the Deceased), turn it into money, pay the Estates debts and distribute what’s left (the remainder) amongst the beneficiaries as per your wishes.
You need to therefore carefully consider who you would like to appoint as Executor. You should also discuss the appointment with the person or people you intend to nominate to ensure they are willing to act in this capacity.
Beneficiaries of Will
A Beneficiary is a person, organisation or other entity to whom you would like to leave part or all of your estate upon your death. You may have as many Beneficiaries as you wish. In the event that a Beneficiary dies before you do, you will need to consider where you would like their share of your Estate to go to.
For example, if you leave a part of your Estate to your sister, and she dies before you do, then you may like to have her share pass to her children.