What is a Will?
A Will is a written legal document that sets out your wishes and testamentary intentions (which is your intention to make a Will).
Your Will should clearly set out which person(s) you wish to act as the trustee/executor of your Estate and how you would like that person(s) to:
Finalise your affairs, such as paying any of your outstanding debts, selling your real estate and personal property
Distribute your remaining assets to the beneficiary(s) named in the Will.
How effective a Will is at relaying your intentions to others is dependent on how well your Will is drafted. Your Will should be drafted in a fashion that is clear to those reading it of your intentions. Remember, after your death you will not be around to explain what your intentions are.
Not all Wills are drafted in a fashion that make the testator’s (Will maker’s) intentions clear.
This particularly applies to Wills drafted by non-lawyers. Wills drafted by non-lawyers are often poorly drafted, creating ambiguity and uncertainty around the Will maker’s intentions.
On too many occasions, I have seen firsthand where a Will maker has tried to save a few bucks by drafting their ‘homemade’ Will or using a cheap post office Will, only for the Will to not clearly convey the Will maker’s intentions. As a result, the Executors have a bumpier ride when applying for probate, and there’s a higher chance that the Will might be challenged, running up significant and avoidable legal fees for the Estate.
Much of this uncertainty caused by a poorly drafted Will can lead to conflict between the testator’s (Will maker’s) family and friends. With a properly drafted Will, these problems and scenarios will likely be avoided.
Compiled by Mark Murnane, Legal Wills and Estate Planning
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
