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Making a Will

The principal advantage of making a Will is that you decide who receives your assets after your death. In the absence of a Will, the Succession Act 1965 decides how your assets will be distributed. The Will ensures that your estate will be distributed as you want after your death.

A Will enables you to deal with various important matters such as appointing guardians for your children; ensuring an orderly managing of your affairs and a distribution of your assets in the manner you require.

In your Will, you will appoint an Executor who will be responsible for executing your wishes as set out in your Will. You choose your Executor. With a few exceptions you can choose whoever you wish. Typically chosen are one of beneficiaries in the Will, a family member, a friend, your solicitor or a trustee department of a bank.

In general, the beneficiaries under your Will can be whoever you wish. However the Succession Act sets out various stipulations as to the entitlement of a spouse and children. We will guide you through the provisions of the Succession Act in relation to any gifts in your Will.

Having made your Will, you can subsequently change it at any time. The law provides that the latest Will in time, is the effective one after your death. The very nature of a Will is such that it does not take effect until after your death.

It is important to note that should a person marry after making a Will, it is automatically invalidated unless it has been specifically made in contemplation of that marriage.