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NOTICE ALERT IN LIGHT OF COVID-19
WHAT WE PROPOSE AND HOW WE CAN ASSIST
At Watson & Watson our clients come first. Please be assured of our continued dedicated services to all current and new clients.
As we have done in the past, we will continue to offer alternative conferencing methods ie video conferencing, skype or telephone conferences. Reviewing of all documentation provided to us prior to any initial conference will be all inclusive of our set fee. Do not hesitate to contact Shereen Da Gloria on (02) 9221 6011 should you have any concerns.
Regardless at what stage in your life you make a Will (Last Will and Testament), the validity and effectiveness of a Will can be affected by certain events by operation of law. These events can affect who receives your estate upon your death. It is important to ensure that your Will is always a proper and effective Will.
What is a Will?
A Will is a legal document that contains provisions which express your wishes so far as the distribution of your estate is concerned upon your death. In all States and Territories of Australia, there is legislation that sets out the technical requirements that must be met to ensure that a Will is valid and will give effect to your wishes. There is legislation which provides that a Court may set aside a Will or challenge the gifts and benefits made in a Will.
In New South Wales the technical requirements for a valid Will and the circumstances in which a Will can be revoked or partially revoked is governed by the Succession Act (NSW) 2006.
Can a Will be affected by marriage or divorce or both?
The answer to this question is yes. A Will is affected when a person marries and when a person is divorced.
What is the Law?
Will - Effect of Marriage – New South Wales
In New South Wales the Succession Act 2006 provides that:
A Will which existed before the marriage of the Testator is revoked by the marriage of the Testator. That is the general rule. There are some exceptions to this general rule. The exceptions are that full revocation will not occur in respect of:-
Will – Effect of Divorce
Divorce or annulment of marriage of the Testator will revoke the parts of the Testators Will:-
Watson & Watson Advice
Watson & Watson advise that when events such as marriage and divorce occur, a person should review their existing Will. In circumstances where they are to be married and wish to enter a Will, the Will can be drafted in contemplation of the marriage and if that is the approach taken, the Will will not be revoked when you marry. If the Will is not expressed to be in contemplation of marriage then upon marriage, the Will will be revoked and you will be without a Will (intestate).
At Watson & Watson we advise that upon divorce a new Will should be entered so that your former spouse does not take any benefit under you Will and that reliance on the Statutory provisions contained in the Succession Act to disentitle your former spouse should not be relied on.
In other words, before marriage and after divorce there should be a thorough consideration of your Will and a new Will prepared reflective of your wishes so far as the distribution of your Estate is concerned.
When a marriage or relationship comes to an end which invariably involves divorce, financial/property settlements and contact issues for child/ren, it can be difficult and emotionally draining to deal with. Often times, people fail to consider their Will and how it will be impacted by the break down/end of the marriage or relationship. At Watson & Watson our experienced Senior Family Law Solicitors can assist you in addressing this issue and avert any potential problems down the track. Please call Richard Watson Senior Family Law Solicitor or his Personal Assistant Shereen Da Gloria to discuss your matter and seek appropriate advice at the outset.
This is only a preliminary view and is not to be taken as legal advice without first contacting Watson & Watson Solicitors on 9221 6011.
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