Why Would You Hire A Will Lawyer In Melbourne?

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Lawyer In Melbourne

You need to make a will or deed to express your wish regarding your property. After your death, your property will be distributed according to your will and you must include all legal codes in your will. It is difficult to make a will for a novice person because you do not know the legal terms.

In this case, you can appoint a will lawyer in Melbourne and he can prepare your will or deed to keep your property safe. Even a will lawyer can build trust for your property and save your taxes. 

The job of a Will Lawyers in Melbourne is to distribute a deceased person’s property and arrange the payment of estate debts and expenses.

A will lawyer can do multiple tasks and they can form the probate, filing the probate will, setting up an account for paying bills, paying the estate debts and taxes, maintaining the willed property, preparing and filing an inventory for the court, and distributing assets.

You may do not know such legal terms and your family will face some legal issues after your death. It is your responsibility to protect your property and you must make a will for the same by a reliable will lawyer in Melbourne.

Types of Will

  • Non-culpatory – Refers to oral or dictated. This is often limited to sailors or military personnel.
  • Holographic Will – This is written in the hand of the testator. In a lot of jurisdiction, a signature or the terms of the holographic must be in the testator’s handwriting.
  • Self-proved – This is solemn concerning the affidavits of subscribing witnesses to avoid probate.
  • Notarial – The will in public form and prepared by a civil law notary.
  • Mystic – Sealed until death.
  • Servicemen’s Will – This includes the will of all those people in the active duty of military services.
  • Reciprocal/mutual/husband and wife’s Will – These wills are made by two or more parties making similar or identical provisions favoring each other.
  • Unsolemn Will – Will in which the executor is unnamed.
  • Will in solemn form – Signed by the testator or the witness.

Some Terms Related To Will Law

  • Administrator – Refers to the person appointed or petitions to administer an estate in an intestate succession.
  • Beneficiary – Anyone receiving a gift or benefitting from a trust.
  • Bequest – A testamentary gift of personal property other than money.
  • Codicil – Refers to a will that modifies or partially revokes an existing will.
  • Decedent – The deceased.
  • Descent – Succession to real property.
  • Devise – Testamentary gift of real property
  • Devisee – Beneficiary of real property under a will
  • Executor – Refers to the person named to administer the estate subject of the probate court’s supervision per the wishes of the testator in the will.
  • Inheritor – A beneficiary in the succession or intestate.
  • Intestate – A person lacking a valid will at the time of his or her death
  • Legacy – Refers to the testamentary gift of personal property.
  • Legatee – Refers to the beneficiary of the personal property.
  • Probate – The legal procedure of settling the estate of a deceased person.

The Duties Of A Will Lawyers In Melbourne

Getting a will’s copy and filing it with the local probate court

The Will Lawyer is in charge of reading, locating, and understanding the will. You may not probate the will, but they will still require to be filed with the probate court.

Notify banks and credit card companies

The responsibility of the will lawyer includes notifying the banks and other financial institutions related to the person.

Deciding the kind of probate necessary

Probate may not always be required. If required, you have to file a petition to the court for the appointment of an executor, and you need to appoint will Lawyers in Melbourne in this regard.

Representing the estate in court

Will Lawyer will need to appear in court on behalf of the estate.

Therefore a Will Lawyer’s roles and responsibilities include a vast majority of things. From setting up a bank account for incoming funds to maintain the property until it is distributed, a Will Lawyer has to go through a lot of commitments.