SHOULD YOU USE A DIY WILL KIT OR HIRE AN ATTORNEY?

  

DIY will kits are becoming increasingly more popular and many are available for purchase online. Having a will is important on many levels, particularly if you have a sizeable estate, and even people with not much in the way of material possessions and money should still have some sort of will.

Do Your Own Will? Hire an Attorney?

But should you attempt to transcribe your own will just to try and save some money, or is that a task best left to a professional; hire a solicitor or hire an Attorney who specializes in wills and estates?

A DIY will kit can be handy in the sense that it’ll give you an idea of the types of things to include in your will, but it’s still highly advisable to have a trained professional prepare the will and distribute your estate.

Below are just a few reasons why DIY will preparation is not in your best interests.

The Cons of DIY Will Kits

DIY wills can often be unclear and ambiguous. They can even be misinterpreted and therefore left open to challenge by those in disagreement with the will.

Generally, when one prepares their own will, they are doing so to avoid involving a law firm. Therefore, they appoint a friend or family member as the executor of the will. Unfortunately, this person with their newfound responsibility likely doesn’t have the knowledge, experience or expertise to act as an effective executor, and therefore struggles to adequately fulfill the obligations bestowed upon them.

There is also the chance the executor has a conflict of interest, such as a business partner of the deceased.

If there is disagreement over the will between siblings, for example, how will you plan a resolution to that conflict and challenge when writing your own will?

Another common mistake is to leave assets to people that you either don’t actually own, or don’t fully own, such as a joint business or family trust.

And one of the most common problems with DIY wills is they get misplaced or lost and are unable to be found when the time comes.

Wills are an extremely important document and should be treated as such.

Call An Expert for Will Preparation

Don’t take chances. Have your will prepared and executed by a professional. At Aylward Game Solicitors in Brisbane, Gold Coast and Sunshine Coast,

We specialize in wills and estate planning, so trust one of your life’s most important legal documents to us and give yourself complete peace of mind.

Article Source: Wills and Estate Planning

The Rule in Jones v Dunkel - Aylward Game Solicitors Brisbane

   

The tenet of this case is very handy and useful to both courts and legal practitioners. Basically, when there is an unexplained failure by either a plaintiff or defendant in civil proceedings to tender a document as evidence or call a witness, the court may draw an inference that the uncalled evidence would not have assisted the party.

The case concerned a civil negligence action. The High Court held that the jury should have been told that any reference favorable to the plaintiff from the evidence might be more confidently drawn when a person presumably able to put the true complexion on the facts relied on as the ground for the inference has not been called as a witness by the defendant, and the evidence provides no sufficient explanation for his absence.

Against the above background and since this case was decided, the courts have held that the mere absence of a witness does not necessarily support an inference that the witness would not have helped the impugned party’s case. That said, in RPS v R (2000) 168 ALR 729, the majority of the High Court expressed caution about the principle and said that:

“…it is essential to note its limits. It relates to the drawing of inferences or conclusions from other facts…the mode of reasoning which is described proceeds from the premise that the person who has not given evidence not only could shed light on the subject but also would ordinarily be expected to do so.”

In RPS, the trial judge directed the jury about the accused’s election not to give evidence and how – in the absence of his explanation, contradiction, or denial – they might weigh the strength of the prosecution evidence. The jury found him guilty of four counts of sexual intercourse.

The particular difficulty with cases in line with RPS’s outcome is that— they mislead on the term and meaning of silence. When silence becomes impossible or when it becomes irresistible, how one should draw an inference, and whether that inference is the correct answer. That said, one thing is certain and that is— silence must be able to justify itself in a way that it would not invite speculation as to its meaning.

Article Source: The Rule in Jones v Dunkel

WELCOME TO AYLWARD GAME SOLICITORS BRISBANE

  

Aylward Game Solicitors Brisbane is a modern and dynamic firm of Brisbane Solicitors and Brisbane Family Lawyers who are strongly committed to traditional professional values of the legal practice in Australia.

The legal force Aylward Game Solicitors Brisbane, and their collective lawyers will harness nearly 80 cumulative years of experience in the fields of Commercial & Business Law, Brisbane Family Law, Wills & Estate Planning Law, Complex Contract, Commercial Litigation, Employment Law and Property Law & Conveyancing; with particularly strong expertise in Children’s Matters, De facto, Divorce, Mediation and Dispute Resolution as well as Vendor Finance and a wide suite of Business, Banking and Finance Law Services.

BRISBANE LAWYERS

Aylward Game Solicitors comprise a powerhouse team of Brisbane Lawyers and supporting staff that is committed to the traditionally practiced values of the legal profession.

The legal force Aylward Game Solicitors and their collective lawyers will harness nearly 80 cumulative years of Experience in the fields of Family Law, Employment Law and Commercial Business Law; with Expertise in Divorce and Dispute Resolution as well as Vendor Finance and the full range of Business, Banking and Finance Law.

If you are searching for Brisbane’s Best Law Firm and seek to be represented by Brisbane Lawyers with an astute eye on providing value backed legal services, then look no further than Aylward Game Solicitors in Brisbane. Our Brisbane Lawyer Team is standing by and ready to handle your matter with attention to detail and professional knowledge in the right area of law. Let us guide you toward a fast and positive outcome and jettison the need to stress about your legal issues.

BRISBANE LAW SERVICES

We Solve Problems, we Find Solutions, we Look After your Best Interests, and we Provide Sensible,
Practical, Real World Legal Advice – Keeping You on the Game.

AYLWARD GAME SOLICITORS SOLVES PROBLEMS FOR A VAST RANGE OF CLIENTS IN MANY AREAS OF THE LAW

When two people separate (after a very long relationship), financial issues can become problematic because there is stress involved with the separation itself and you have to start thinking about how to split these assets up & how to finalise things…

This can often become a complicated process, especially if there are a lot of assets or children involved.
The most important thing after a separation has taken place is to seek legal advice as early in the process as possible because the sooner you’re aware of your rights and obligations, the sooner you’re going to be able to take steps to formalise matters between you and your former partner.

Article Source: WELCOME TO AYLWARD GAME SOLICITORS BRISBANE