Skip to main content

Types of wills

 

Understanding Wills

When it comes to estate planning, creating a will is an essential step. A will ensures that your assets and personal belongings are distributed according to your wishes after your death. However, it's important to know that there are different types of wills, each serving a different purpose. Let's delve into the world of wills and understand their types.

Simple Wills

A simple will, as the name suggests, is a straightforward document that outlines who should inherit a person's property and assets after their death. It also appoints a legal representative to carry out the wishes of the deceased. Simple wills are ideal for people with uncomplicated financial situations and relatively small estates.

Testamentary Trust Wills

A testamentary trust will is a specific type of will that creates a trust upon the death of the testator. The assets are then managed by a trustee on behalf of the beneficiaries. This type of will is especially useful when the beneficiaries are minors or individuals who cannot manage the assets themselves.

trust will

Joint Wills

Joint wills are created by two people, usually a married couple, who agree to leave their assets to each other. Upon the death of one party, the surviving party inherits the entire estate. Once both parties have passed, the estate is then divided among other beneficiaries, typically their children.

Living Wills

Unlike the other types of wills, a living will doesn't deal with property or assets. Instead, it outlines a person's wishes regarding medical treatment if they become incapacitated and can't communicate their decisions. It's a legal document that guides healthcare professionals and family members when making tough medical decisions.

living will

Holographic Wills

A holographic will is a handwritten and signed document. While it may seem old-fashioned, it's still legally valid in some jurisdictions. However, because it's often created without legal advice, it may not meet all statutory requirements, leading to potential disputes.

Pourover Wills

A pourover will works in conjunction with a living trust. It directs any assets not already included in the living trust to be placed into it upon the testator's death. This process ensures that all assets are distributed according to the terms of the trust.

Conclusion

Understanding the different types of wills can help you make an informed decision about your estate planning. It's always recommended to seek legal advice when drafting a will to ensure it meets all legal requirements and truly reflects your wishes. Remember, a will is more than just a document; it's a way to ensure your loved ones are taken care of after you're gone.

Comments

Popular posts from this blog

Navigating the Queensland Property Market: A First-Time Buyer's Ultimate Guide

 Are you considering buying your first property in Queensland? Navigating the property market can be overwhelming, especially for first-time buyers. With the right knowledge and guidance, you can make informed decisions and find the perfect property for your needs. In this ultimate guide, we'll walk you through the essential steps and considerations for first-time buyers in the Queensland property market. Understanding the Queensland Property Market Queensland's property market is diverse, with a range of options including apartments, houses, and townhouses. It's essential to research the different regions and suburbs to understand the market trends, property values, and amenities available in each area. Keep an eye on the market trends and seek advice from local real estate professionals to gain insights into the current market conditions. Setting Your Budget Before you start your property search, it's crucial to determine your budget. Consider factors such...

PROBATE IN QLD – what exactly is a Probate?

  Understanding Probate in QLD When a loved one passes away, dealing with legal matters can be overwhelming. Yet, understanding the process is crucial to manage the deceased person's estate properly. One term you will likely encounter is  Probate . But what exactly is a Probate or a similar Grant? Let's demystify this term and its implications in Queensland (QLD). What is Probate? Probate is a legal process that verifies a will's authenticity and confirms the executor's authority to manage the deceased's estate. It involves the Supreme Court, which grants the Probate upon the executor's application. Once granted, the executor can distribute the assets as per the will's instructions. When is Probate Required? In QLD, Probate is not always compulsory. It depends on the type of assets and their value. For instance, if the deceased owned real estate solely or jointly as tenants in common, Probate is usually required. Financial institutions may also request a Gra...

A Complete Guide to Probate and Letters of Administration in QLD

Following a person’s death in QLD, either a Grant of Probate or Letters of Administration application must be lodged for a person to be legally appointed the responsibility to: - Access finances, assets and belongings  - Distribute the estate as intended, and - Carry out any requests and wishes outlined in the Will.  Our guide will explain and instruct you on how to: - Successfully submit a Grant of Probate Application, and - Apply for Letters of Administration where required Minimum Documents required – QLD Probate Application A number of documents are required to submit a Grant of Probate application in Queensland. Additional documents other than those stated below may also be requested by The Supreme Court before a grant is finalised. You’ll need to obtain the following documents: - Form 101 - Application for probate (will)  - Original Will – plus 2 x copies - Affidavit in support  - Form 105 - Affidavit  - The Original Death Certificate  - exhibit claus...