Writing a will can be an emotionally draining process, as you know that this probably is the last words you'll ever speak to your remaining relatives. It can also be quite a complicated legal process, as it has to be able to be used as a document in court if someone were to question your will. In order for you to write a will that's legally binding, while also making sure that all of your wishes are made a reality, there are important people that you need to assign particular roles to.
The first thing you need to do when attempting to write a will is to talk to a lawyer. It is possible to write a will on your own, but it takes time. You need to think about all applicable laws and know them well enough to be comfortable fitting your will after them. This can be extremely difficult if you have a lot of valuable property or items that you want to pass along to different people. It can also add to the emotional hardship of writing a will. A lawyer will help you with your will planning and make sure that everything that you right is legally correct. It might feel like an unnecessary expense, but it would cost a lot more for your loved ones to pay for a lawyer to sort out a will that is improperly written.
You also need to choose an executor of your will. This is the person that will make sure that your last wishes are fulfilled and that nobody gets any of your belongings that they aren't entitled to. A lot of people use their spouses for this job, as they most likely are the ones that know the most about your assets and how you want them divided. You should also assign a substitute executor that can step in if the first executor is unable. Like in the unfortunate event that you and your spouse pass away simultaneously in an accident.
If you have children, you also need to assign a guardian for them if you were to pass away before they have reached adulthood. Remember that if you and your significant other aren't married, you might have to assign guardianship to them, even if they are the ones raising the children with you. If you don't have a partner, this could also complicate things as there is no obvious guardian. Motivate your choice of guardian carefully to your lawyer so that they can assign legal weight to why the guardian you've chosen is the most appropriate one; like if you want your sister to take care of the children, you should state her living situation, what job she has and so on.
Welcome! My name is Jessica, and I work as a legal aid secretary. I am in awe of the lawyers in my office and the variety of cases they cover. From injury compensation to family court matters, they need to understand the law in a broad range of areas. As a legal secretary, it is often my job to research particular points of law or find certain cases for reference. It is a fascinating job and I work hard to keep up with the constant changes to our laws and legal processes. Friends and family often ask me for direction on legal matters and whilst I explain that I am no expert, I usually manage to provide sound advice. This blog is for people who share my passion for the law or who want to understand more about our legal system. I hope you find it engaging and useful.