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Wills and Estate Planning: Why Getting It Right Matters
Anita Lucaciu 20 January 2025 5 min read

Wills and Estate Planning: Why Getting It Right Matters

Thinking about what happens after you are gone is never comfortable, which is exactly why so many people put it off. Yet a clear, valid will and a sound estate plan are among the most thoughtful things you can do for the people you care about. At Satori Law we guide clients through succession law with care and plain speaking, so here is a practical look at what estate planning involves and why leaving it too late can cause real problems.

What a will actually does

A will is a legal document that sets out who receives your assets after you die, and who is responsible for carrying out your wishes. Without one, you are said to die intestate, and the law decides how your estate is divided according to a fixed formula. That formula rarely matches what most people would actually want, and it can leave loved ones facing delay, uncertainty and unnecessary expense at an already difficult time.

The building blocks of an estate plan

A good estate plan is more than just a will. It usually brings together several documents that work in tandem.

Your will

This is the foundation. It names the people or organisations who will receive your assets, appoints an executor to administer your estate, and, importantly, can nominate a guardian for any children under 18. A clear will reduces the risk of confusion and disagreement among those you leave behind.

Enduring power of attorney

An enduring power of attorney lets you appoint someone you trust to make financial and legal decisions on your behalf if you lose the capacity to make them yourself. It operates while you are alive, and having one in place spares your family the stress and cost of applying to a tribunal for the authority to act.

Appointment of a medical decision maker

This document allows you to nominate someone to make medical and personal decisions for you if you are unable to. Together with an enduring power of attorney, it means the people making decisions on your behalf are the ones you chose, not those a court appoints.

Why an out of date will can be as risky as no will

Life changes, and a will should keep pace with it. Marriage, divorce, the birth of children or grandchildren, buying property or starting a business can all affect how you want your estate handled. In some circumstances, marriage or divorce can even revoke parts of an existing will. Reviewing your will every few years, and after any major life event, keeps it accurate and reduces the chance of a dispute later.

What happens when someone passes away

When a person dies, their executor is responsible for administering the estate. This often involves applying for a grant of probate, which is the court's formal recognition that the will is valid and that the executor has authority to act. The executor then gathers the assets, pays any debts and taxes, and distributes what remains according to the will. Where there is no will, someone must apply for letters of administration instead, which can be a slower and more involved process.

When an estate is contested

Not every estate passes smoothly to those named in the will. Family provision claims allow certain people, such as a spouse, former spouse, child or dependent, to seek a share, or a larger share, of an estate if they believe they have not been adequately provided for. These claims can be emotionally and financially draining for everyone involved. Careful, well advised estate planning is one of the best ways to reduce the risk of a challenge, and to make sure your genuine wishes are more likely to hold up.

How Satori Law can help

Whether you are putting your affairs in order for the first time, updating an existing will, acting as an executor, or dealing with a contested estate, our team can guide you through it with clarity and care. Good planning today can spare your family a great deal of difficulty tomorrow. Contact your nearest Satori Law office to talk through your situation and put the right documents in place.

Disclaimer: This article is provided for general information only and is not legal advice. It does not take your particular circumstances into account. Laws and legal processes change and vary between jurisdictions. For advice about your own situation, please contact our nearest office.

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