How to find if someone left a will?
Under the Wills Act a beneficiary is entitled to request a copy of a Will. The first step should be to contact the lawyer of the person who passed away as they should have a copy. If that does not work, checking in with people who were close with the deceased may also give you information about a will, if it exists.
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“@type”: “Question”,
“name”: “Do I need a lawyer to write a will?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Yes. While there are options to prepare your own will having a lawyer draft your will is crucial to ensure that your wishes are able to be followed through when you pass away. A lawyer will speak to you about what can and cannot be included in a will and outline some strategies to make sure your will does what you want it to do.”
}
},{
“@type”: “Question”,
“name”: “Can I write a will online?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “No. For a will to be legally binding it needs to be printed and signed by you in the presence of two adult witnesses.”
}
},{
“@type”: “Question”,
“name”: “Can you write someone out of a will?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Yes, but it is complicated. In making your will you can set out whatever you want to happen with your estate when you pass away, with certain exceptions. You also have the ability to leave certain people out of your will if you wish to.”
}
},{
“@type”: “Question”,
“name”: “How to leave inheritance?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “The easiest way to leave an inheritance is to write a will. This outlined who you want to look after your estate (the executor), who is going to receive parts of your estate (the beneficiaries) and how you want your estate divided.”
}
},{
“@type”: “Question”,
“name”: “How to leave inheritance to grandchildren?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “To ensure your grandchildren receive an inheritance you need to write a will that includes how you want to divide your estate to them.”
}
},{
“@type”: “Question”,
“name”: “How do you become executor of estate without a will?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “If a person passes away without a will a person with an interest in the estate, such as a widow, can apply for Letters of Administration with the Supreme Court of Victoria. This means that the person died intestate (without a will) and the Court needs to appoint you as the executor to look after the persons estate.”
}
},{
“@type”: “Question”,
“name”: “Who gets child if both parents die?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Generally, this goes to a sibling, parent or friend. It is preferable to have a will that includes a provision for your wishes as to who will look after your children if you and your partner die. This then gives an indication of who you want to look after your children.”
}
},{
“@type”: “Question”,
“name”: “What is a child entitled to when a parent dies?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Your will outlines what each child will receive when a parent dies. If there are children under 18 the will should include provision for the executors to be able to use the estate for the benefit of the children.”
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},{
“@type”: “Question”,
“name”: “How to find if someone left a will?”,
“acceptedAnswer”: {
“@type”: “Answer”,
“text”: “Under the Wills Act a beneficiary is entitled to request a copy of a will. The first step should be to contact the lawyer of the person who passed away as they should have a copy. If that does not work checking in with people who were close with the deceased may also give you information about a will, if it exists.”
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