Wills & Estates

Our clients will often ask us to prepare a new Will.

If you divorce, then any provision for your former spouse in your Will becomes “void” (defunct).  Conversely if you re-marry following divorce, then the whole of your Will is thereby invalidated, unless your Will is made “in contemplation of the marriage” to your new spouse.

In making a Will, you will need to nominate up to 4 “executors”.  It is the executors whose job it is to administer the deceased person’s estate. We recommend that you have 2 executors, either appointed to act jointly or in the alternative in the event of the first-named executor not being able to act, either through death or incapacity, or simply not wishing to act.

To be valid, a Will must be signed in a certain manner as prescribed by law.  For instance, a will-maker (“testator”) needs to have two witnesses who must be present and see the testator sign each page and which they must then sign. Each of the testator and his/her witnesses should preferably use the same pen.

There are many “will-kits” being sold on-line and from newsagencies.  Using such kits can be dangerous and we advise against using them. We have from time to time been asked to advise upon such Wills and have come across defects such as:-

• naming an executor but not naming a beneficiary; and

• the Will being witnessed by a beneficiary, or a beneficiary’s spouse.

We will ensure that your Will is properly drafted, and validly executed.

There are very technical rules that apply to the constructions of Wills generally, as well as to the granting of probate and letters of administration.  

At Dimocks family lawyers, we will be able to assist you in seeking a grant, getting in the assets and distributing them correctly.