Will Writing

‘NOT EVERY WILL IS VALID’ How to determine if a Will is valid?

5 fundamental elements to make a valid Will according to Wills Act 1959:

• Be at least 18 years old;

• Be of sound mind;

• Have your will in writing;

• Have signed your will;

• Have your signing witnessed by at least 2 witnesses who will then sign in your presence and in the presence of each other.

"Will is not black and white or death, it is colourful and carries meaning of love"

A last will and testament (“Will”) is a legal document that lets you determine what happens with your assets after you die. However, not all Wills are valid unless it complies strictly with the conditions and elements stated in Wills Act 1959.

Since the issue of death was once difficult topic to discuss, Wills are still a taboo for most of the people. Hence, many people especially old people were always reluctant to discuss about Will or estate distribution because they believe it is ominous. Although their children know that not preparing a Will would cause many unnecessary problems in the future, but out of respect to the elderly, they dare not say nor ask. Over time, everyone refused to mention about Wills or estate distribution.

The following are 5 areas that you should be reminded:

• Your witnesses cannot be your spouse or any beneficiaries;

• You should get a doctor to test your state of mind when the Will is drawn;

• Everyone can prepare a Will, including you, but you are encouraged to let Estate Planning Lawyer to prepare your Will because Estate Planning Lawyer will do all that is necessary to ensure the Will is written according to the requirement of the Law to avoid being challenged;

• Life is short and unpredictable, work on your Will to ensure your assets will be distributed according to your wish;

• Your Will does not need to be stamped to be effective.

The following are 8 advantages of having a valid Will:

• Choose your beneficiaries and how your assets are to be distributed;

• Choose your trustee and executor to administer your estate;

• Set up a testamentary trust for your minor children, heirs with special needs or charities;

• Choose the guardian of your minor children;

• Minimize the chances of family disputes over property;

• Speed up the distribution process considerably;

• Reduce the costs of administering your estate;

• Express your wishes for your funeral arrangements

The following are the common reasons why a Will be challenged in Court:

1. Your signature is forged, or that the execution of the Will was not properly witnessed.

2. You were of unsound mind or under undue influence at the time you made your will.

3. Ambiguity or important omissions in your will encourages dispute.

What is Video Will?

It presents you, as the testator, as having a sound mind and in full control of your faculty (inherent mental). If someone wishes to challenge the Will, the video can be powerful evidence that you understood the nature and extent of your estate and that you were not being unduly influenced in disposing of assets as you have expressed in your written Will.

The video can record the Will signing ceremony or event. Gather the required number of adult witnesses and have the camera record their signatures and their having observed you signing as well. State on camera that this document is your last Will, that no other Wills are in existence or that this one supersedes any others. Have the camera clearly show the Will after it is signed.

More importantly, perhaps, is your explanation of why certain assets have gone to particular individuals. You can give your rationale for appointing someone as your executor, as guardian of your children or the new owner of your pets. You can inform family members that you may have already provided for them so that more of your assets are going to a child who has not benefited.

The video should be kept with the Will in a safe and secure place where your appointed executor will know where to locate it. Keeping the Will and video in a safe deposit box is generally not advised unless you have arranged for your personal representative to have access to it.

Online Will

Making a Will online is quick and easy. We will keep you up-to-date along the way so you will always know what to expect.

Step 1

You complete our secure and comprehensive online form.

Step 2

We will call you to discuss any details we need and the cost. You will be able to make payment at this stage with a debit or credit card.

Step 3

We will start drafting your Will and our Estate Planning Lawyer will review it.

Step 4

We will send you a draft Will to review within 2-5 working days depending on the complexity of the Will.

Step 5

You will receive your draft Will and you can call us to discuss any changes you would like to make.

Step 6

You will return your draft Will to us with any changes and then we will send a final version for you to sign. Once you are happy with the final version, we will include instructions for you to follow while signing to make sure your Will is legally binding.

Option 1: You may sign the Will in our office where we will provide 2 witnesses to witness your signing.

Option 2: You may sign the Will at any place at your convenience in the presence of your two witnesses

Step 7

The whole process will take about 1 weeks to 2 weeks. It could take longer depending on the changes we need to make after the first draft, but we will work as quickly and efficiently as possible.

Step 8

Once you have signed your Will, it is complete. You can send it back to us for storage, or make your own arrangements.

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Why Us?

Consultation

If you are not certain on your estate planning or estate distribution, Michael Tie & Co can advise you how to structure your assets and affairs to ensure your estate passes to your intended beneficiaries after your death. You can contact us to communicate with our customer service at any time. Michael Tie & Co legal support team are waiting to support you in the way that you deserve.

Procedure Management System On Will Writing

Michael Tie & Co has a complete procedure that strictly complies with provision of Wills Act 1959. The ultimate objective of this standardized process to ensure the authenticity of the Will prepared by Michael Tie & Co for our clients is always legally impeccable and significantly reduces the possibility of being challenged in court.

What makes Michael Tie & Co difference?

• We offer a personalized Will writing service;

• We provide consultation and answer your question, advise you on how to distribute your assets to your love one;

• You can amend your Will unlimited times;

• Your Will is drafted by our experienced Estate Planning Lawyer;

• We ensure our Will is always valid and not challengeable because we know what makes a Will become invalid;

• We provide video recording services to record the Will signing ceremony or event.