Legal articles written by Cavell Leitch lawyers.

Filter by expertise show all

13 Wills Articles

Do I need a Will?

A lot of clients ask us if they need a Will. Our answer is always “yes”.

The truth is, that not having a Will creates added expense, time and complexity to your estate administration. It also leaves your family in doubt as to what your wishes really were.

Read Article

Validation of Wills

Wills are very important documents. The law recognises this by imposing very strict requirements on how they are to be signed.
For a Will to be considered valid, it must be signed by the willmaker, or at the direction of the willmaker, in the presence of two witnesses. Those witnesses ...

Read Article

So you want to write your child out of your Will?

Do you want to know whether you can write your child out of your Will? Perhaps your relationship has broken down irreparably with your son or daughter, or perhaps they are just not good with money? Or perhaps your son or daughter (or their partner) has a gambling problem and ...

Read Article

The pitfalls of DIY Will kits.

Writing a Will is easy right? Just leave everything to my kids and bury my body? Think again …

Do it yourself Will kits may make it seem easy but there are many pitfalls throughout the process of making a Will which could make yours invalid or mean that your testamentary ...

Read Article

Informal Wills

Under the Wills Act the Court has the ability to declare a Will valid even if it doesn’t meet all of the usual requirements. This can make it easier for some cases where a formal Will hasn’t been completed however this should never be relied upon to carry ...

Read Article

What is the benefit in paying for a Will?

The effect of poor Will drafting can be devastating. There have been numerous court cases where Wills have been drafted that do not actually achieve the effect that they were intended to achieve. However, a well drafted Will is incredibly good value for the benefit they bring your loved ones.

Read Article

Trustee v Executor

When making your Will, it is likely you have appointed one or more people an Executor and Trustee; they may be friends, family members or perhaps a trusted professional. They do not however, need to be the same person.

Read Article

Next Page