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The Queenslander – A Will That Can’t Be Challenged

• Publicado por Animated Explainer Video Production Company 1 de setembro de 2023 - Arquivado em Negócios - 47 visualizações

  The Will is a document used by a person to decide the distribution of their estate at death. It is a legal document that a lawyer creates. The Will is considered one of the most important documents because it can distribute the property of a person to whom it is written. The Will is created by the person who wants to leave his property to another person.

   

  There are several reasons a person decides to leave his property to someone else, but the main reason is to avoid probate. Probate is a procedure followed when a person dies without leaving a Will. Probate is the process where the personal representative must file a petition in the court of wills and estate lawyers Brisbane and submit the list of the deceased person’s assets to the court. After that, the court will appoint a special administrator to take charge of the deceased person’s property.

   

  After the court appointment of a special administrator, it will take a lot of time and money to distribute the deceased person's property. If a person leaves the property to a friend, relative, or any other person, he does not need to go through the probate process.

   

  Types of Wills

   

  A person can make two types of wills: a living will and a testamentary will.

   

  Living Will:

   

  This type of Will is made by a person when he is alive. The primary purpose of a living will is to provide the person making the Will with the opportunity to make decisions about his life.

   

  Testamentary Will:

   

  This is the second type of Will a person makes when dead. A testamentary will is also known as a last will. The primary purpose of a testamentary will is to distribute the deceased person’s property to their beneficiaries.

   

  Requirements for the Will

   

  Before creating a Will, a person needs to meet the following requirements.

   

  1. You must be 18 years old or older

   

  1. You must be a resident of Queensland

   

  1. You must be of sound mind

   

  1. You must be able to write in English

   

  1. You must be free from mental and physical illness

   

  1. You must be in good health

   

  1. You must have not been convicted of a crime

   

  1. You must have not been declared incompetent

   

  1. You must not be married to a person

   

  1. You must not be a minor

   

  How to Make a Will

   

  A person can make a will in two ways: a single Will or a codicil to an existing Will.

   

  Single Will:

   

  This is a single Will drafted by a person and signed by him. It is not considered a legal document because it is just a simple document made by a person to leave his property to someone else.

   

  Codicil to an Existing Will:

   

  Codicils are amendments to an existing Will. They are also called Codicils, but a codicil is only an amendment to an existing Will. It is a legal document created by a person to change or modify the terms of an existing Will.

   

  Conclusion:

   

  We all know that a will is a legal document made by a person to leave his property to someone else. But the most important thing to remember is that a person needs to make the Will before he passes away.

   

  You can make a will on your own or hire a lawyer to do it for you. If you want to make a will that can be contested or challenged by a third party, then you must make the Will in a registered office.