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Wills and Probate

B A B C 2 0 0 7

D a t e l i n e A s i a

c o n t a c t s





Why do you need a Will?

Wills are not just for the rich. A Will is for anyone who cares about what happens to his or her assets after he or she has passed away. It is the primary document for transferring your property and wealth after you die. Without a Will the court will order your debts paid and assets distributed according to the laws of the land without considering your wishes.

In addition to that, through a Will, you can appoint a guardian to raise your children and manage their finances. You can also appoint someone you trust i.e. a personal representative, to manage your estate. A Will can also protect your minor children by providing that your property is not distributed immediately to them, but is held in trust until they reach a certain age. You can also incorporate your burial instructions in your Will.

Can you draft your own Will?

Yes and no. You may use the simple Will downloadable free from Miller Peart with the rider that it may only be appropriate if you do not have many assets or your wishes are not complicated. You must state your wishes accurately or completely, or the results may not be what you intended.

Download your free Will here (MS Word 11k)

If you do have a lot of assets, such as real estate in different parts of the world, bank accounts, stocks and bonds, you need a more sophisticated Will to meet your goals and preserve your estate for your heirs as fully as possible. In such cases you should consult a lawyer at Miller Peart and a more detailed questionnaire will be provided.

Notes on Making a Will

  1. A Will is usually cancelled if you marry after making it. You will need to make another Will immediately, or one which takes a forthcoming marriage into account.
  2. On divorce, gifts to your husband/wife are cancelled as is his/her appointment as executor but the rest of the Will stands. This can create problems and it is better to make a new Will.
  3. If you are not making any provision for a husband/wife/partner or a former husband/wife/partner, it is possible that he/she could make a claim against your estate. If this does apply please seek further advice from us.
  4. Please feel free to ask for our help or advice or more information on any topic related to your Will
 
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