Wills

It is very important to have a will, even if you use other estate planning tools to distribute your property.

A will provides directions for what happens after you die and everyone should therefore consider making a will. Wills can distribute your property to your loved ones, name an executor to finalise your affairs, name guardians for children, and more.

Having a will also means that you get to decide who receives your property when you die, they also make the Probate process (which every Will distributing assets has to go though) much more straight forward.  They do however have to be correctly drafted executed.

When you die without a will or other estate plan you are intestate, and the law then decides which family members will inherit your estate and in what proportion.

Most people want to distribute their property differently than the state would distribute it. For example, many people want to leave gifts to friends, non-spouse partners and sometimes charitable organizations—and intestate succession does not allow for any of that. In other words a will allows you to decide exactly who gets what.

A will can also name someone as your "executor"—the person who will wrap up your estate. This person oversees the probate process and eventually distributes your property to the people you named to inherit it.

You can use other estate planning tools to distribute your property (like lifetime trusts, beneficiary designations, joint tenancy), but only your will can name a personal guardian for your children—the person who would take care of your children if you died while they were still minors. So how important is a will? It depends on your situation, but if you have minor children, the importance of a will escalates. In fact, even if you make a living trust to distribute every single piece of your property to your beneficiaries, you should still have a will to name a personal guardian for your children.

You can use other estate planning tools to distribute your property (like lifetime trusts, beneficiary designations, joint tenancy), but only your will can name a personal guardian for your children—the person who would take care of your children if you died while they were still minors.

So how important is a will? It depends on your situation, but if you have minor children, the importance of a will escalates. In fact, even if you make a living trust to distribute every single piece of your property to your beneficiaries, you should still have a will to name a personal guardian for your children.

A will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted.

The division of an estate after death comes with many emotions. The slightest differences can result in hurt feelings and recriminations. And as blended families become more common, dividing assets has become even more complicated.

A will that clearly lays out your wishes can reduce conflict and speculation over what you “would have” wanted. For example, if you're in a second marriage and have children from your first marriage, you might find that having a will is of utmost importance to you.

You may want to use a will to clearly distribute your property between your second spouse and your children. Without a will or other plan, your property would be divided between them according to state law—this could produce an uncomfortable result as well as speculation about what you would have wanted. Making a plan can give you peace of mind and prevent your family from fighting over your possessions.

Even with a will, your estate will likely have to go through the probate process, which can take time and cost money. (If you're interested in avoiding probate I can advise on that ) But if you don't have a will, the process can take even longer, since there will be additional steps involved. For example, the court will need to name someone to manage the estate, since there will be no executor. And the court will also need to determine who receives your property according to the state's intestate succession laws.

Creating a will is not just ticking a box; it's paving a secure pathway for your loved ones in your absence. Drawing on my expertise, I am here to guide you in articulating a will that:

• Ensures Your Assets are Rightfully Distributed — Let's work together to ensure that your belongings reach the hands of those you cherish most.

• Guards Your Children's Future — Allow me to help you instate reliable guardians for your minor children, putting their future in trustworthy hands.

• Prevents Family Conflicts — With a clear will, we can prevent potential disputes and maintain the harmony in your family.

• Facilitates a Smooth Probate Process — Together, we can streamline the necessary processes, saving your family time and potential legal fees in the future.

It's your plan, laying out your sincerest wishes and protecting your loved ones from unforeseen complications.

Reach out using the form below to safeguard your and your loved ones future, ensuring tranquillity and respect for your wishes in times of uncertainty.