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What Happens When You Don't Have A Will? by Mattis Bailey





Article Author Biography
What Happens When You Don't Have A Will? by
Article Posted: 11/09/2014
Article Views: 104
Articles Written: 708
Word Count: 556
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What Happens When You Don't Have A Will?


 
Law
Making a will is the easiest process to distribute you immovable and movable properties to your successor or anybody you wants after your death. Thinking about making a will may feel a little uneasy because of the process and legality, but it entirely depends on you whether you need a lawyer. It is not necessary to have a lawyer to create a will; it is in fact not a difficult task to create your own will, leaving your property to your loved ones.

If you don't have a will?

Create a trust instead

If you don't make a will, you can use a trust instead to transfer your high value property to your loved ones after your death. You can place your home in a trust and name your loved ones as beneficiaries. Those assets, which are not in your trust will be distributed to your state's intestate succession laws.

Law may dictate

In the absence of a will, your state will use its "intestate succession" laws to distribute your property. Generally, legal heirs will get the property in case there is no will. If you have made nominee of your property, the property will go to the nominee(s) if he or she will place appropriate document (death certificate, photo identity and nomination document) to the bench of law. Rules may vary according to different states, you may persuade wills lawyers in Melbourne to get the exact information.

The government will get your property

In case, you don't have any legal heir eligible to receive your property, or your heirs cannot be located, the government will inherit everything at your death. In some cases, distant relatives can inherit your property in case there is no will.

How to make a basic will

It is always recommended to make a basic will with the help of wills lawyers. Lawyers generally start with a standard form that give clear instructions how to do-it-yourself wills. It is an easy process where the lawyer put the client's name, the name of heir to whom the property would go and some other basic information. Witnesses are required to sign to validate the will. The good part of making will is, it involves less legal complication.

Why Will is important?

The principal reason of making a will is to distribute your property in proportions you exactly want to allocate. It also gives respite your heirs after death because will makes it easy to claim for the property. Moreover, you can involve other things like funeral arrangement, legal guardians for your minor children or trustee of any trust you want to create.

The division of a property after death comes with various sentiments and ulterior motives. The slightest difference can create conflict between legal heirs. A dividing asset is a legal complication that would become a complex situation after your death. For example, you are in a second marriage and your property is not properly distributed to your legal heirs, it would be difficult for your children from your first marriage to claim on your property.

Author's bio - Terry Thompson is a wills lawyer and certified family life educator. He has been working since 1993 in Melbourne and worked with many families and wills lawyers in Melbourne. He is currently in private practice and consultation with custody lawyers in Melbourne.

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