Law

The significance of having a will drawn up

Published

1 year ago

June 12, 2022

sylvia J

Wills are written documents that are designed to speak for their creators after death. It expresses the manner in which you wish your property and assets to be dispersed after your death. In the event that you should pass away before your children reach maturity, it appoints a guardian who will care for them. Additionally, it provides additional precise instructions, such as your desired burial preparations, in the will. All of these are significant choices that you shouldn’t leave up to a game of chance. Despite this, a survey conducted in 2018 by the Angus Reid Institute indicated that 51% of Canadians do not have a will.

The good news is that it’s not as difficult as you might think it is. Everything you need to know to get yours in order is provided here for your convenience.

Who has a need for a will?

Wills are essential for those who have dependent children, property, or other assets. In addition, after it has been created and signed, it has to be revisited every three to five years to verify that it still reflects your life and the wishes you have expressed. Because of this, it is now possible for it to be modified to reflect any changes that may occur in one’s life, such as getting married, having children, a death in the family, getting divorced, or purchasing property.

When writing a will, what are some important factors to keep in mind?

Wills can be drafted in a variety of ways, each reflecting the individual’s choices with regard to their possessions and their legacy; nonetheless, there are a few components that are standard in all wills. These are the following:

Choosing a guardian for the children under your care. Choosing a guardian (or guardians) for your children who are under the age of 18 is one of the most significant decisions you can make in your will. If your children are under the age of 18, they are considered minors. It is possible that the talk may be challenging. The alternative, however, is as follows: in the unfortunate event that both parents die away unexpectedly at the same time, or if you are a single parent and pass away at an early age, a judge in a family court will be left to make the decision on your behalf. Even though the parents’ choice in a written will is not legally enforceable, a judge will almost always choose that individual to be the formal guardian of the child in the event that the parents pass away. (It is important to keep in mind that the regulations for choosing a guardian might vary from province to province.)

The process of selecting an executor. An executor is a person (or many individuals) who is tasked with the responsibility of administering an estate and ensuring that all of the instructions given in a will are carried out in accordance with the law. If you have a will, you should choose an executor. If you would rather have a friend or a member of your family serve in that capacity, you are free to make that appointment. Keep in mind that this is a function that might come with obligations that are both specific and time-consuming; therefore, it is imperative that you pick wisely. As a result of this, some individuals may decide to designate a competent third party, such as a lawyer, an accountant, or a trust firm.

What takes place if there is no will to govern your estate?

According to Canadian law, passing away without leaving a will is referred to as “intestate.” In practise, it implies that there are no explicit guidelines to follow in order to split or transfer your assets in the appropriate manner. Remember that if a person passes away without leaving a will, the regulations for administering their estate vary depending on the province or territory they lived in. Nevertheless, the procedure is typically time-consuming and costly.

Do you have insurance on your life?

Having the appropriate insurance is a critical component of a successful estate settlement. There are varied requirements for life insurance at each period of one’s life, ranging from the replacement of lost income and the safeguarding of an estate’s growth to the payment of funeral costs and meeting immediate financial necessities upon one’s passing. If you already have life insurance, you should double check that the beneficiaries that you have specified in your policies are also represented in your will, and that both documents are up to date.

Are you prepared to write your will?

It is not necessary for the creation of a will to be complex or expensive. In the event that you are unfamiliar with the procedure, the following are two typical and uncomplicated strategies to make one:

Create one of your own. Wills are valid as long as they are penned in the testator’s own handwriting and signed by the testator. Even though it is not required, having it signed by witnesses is almost always a good idea. If you want to avoid misunderstandings, you should attempt to be as detailed as possible when expressing your desires so that they cannot be taken in a variety of different ways. In addition, your intentions could not be carried out if you are not conversant with the law and give instructions that go against what is permitted by the law in the event that you leave a will.

Get a lawyer to write it up for you. This is often the most secure course of action, particularly if you have a significant amount of assets. A will can be written by a lawyer in such a way that it expresses the testator’s desires unequivocally and leaves no room for ambiguity or confusion. There is no one standard fee that all lawyers will charge, and even the same lawyer may have varied rates for the same service depending on the degree of difficulty of the case.

Once you have a will, you should store it someplace secure (for example, in a box that is resistant to fire, along with other vital documents), and you should also ensure that your executor is aware of its whereabouts. If you have an attorney draught it for you, they will normally maintain a signed original of the document even if you don’t want them to.

The most important reasons to draught a will

We take a look at some of the most compelling arguments in favour of writing a will, as well as the consequences for those left behind if you pass away without leaving a testament.

Draft a will that specifies who will take care of your children if you pass away.

When you write a will, your primary responsibility is not to decide how your estate will be split. You also have the ability to choose who will be responsible for the care of your dependents. You have the ability to choose legal guardians for them if they are under the age of 18.

In the event that you do not, the choice may be handed over to the family courts, which may select a person with whom you would disagree.

It’s possible that you’ve asked close friends or family members to stand in as godparents for your kids, but this doesn’t tie them in any way legally.

Learn more about the importance of creating a will for new parents.

Make sure that your kids have enough money to live comfortably.

You can establish arrangements to care for your children financially in the future, in addition to deciding who will be responsible for raising your children. This may involve setting aside funds for their schooling, ensuring that they receive a predetermined amount each year for clothing or hobbies, or building up a savings account for them to use when they are ready to purchase a home.

You should give some thought to establishing a trust in order to provide for your children since this enables you to exercise some degree of control over the circumstances under which your children get the money and how they spend it.

You can form a trust in one of two ways: either while you are still alive and do it while you are alive, or you can leave instructions for it to be established after your death and have it done after your death. Check out our comprehensive guide to will trusts to discover more about the many alternatives available to you, as well as how they operate and the potential costs involved.

Ensure the financial well-being of your dependents, including any stepchildren

The law specifies that only spouses or blood relations can automatically inherit if there is no will, thus even if your step-children are an important part of your life or even if they are the only children you have, they cannot inherit automatically.

You will need to include your step-children in your will if you intend to provide for them financially in the event that you pass away. The same rule applies to children you have taken in as foster care or any other dependents who could rely on you for financial assistance.

Protect your partner if you’re unmarried

No of how long you’ve been together, unmarried partners have no legal claim to anything from your inheritance unless it’s clearly specified in the will of the deceased person.

The creation of a will assures that your spouse will get their rightful portion of your inheritance upon your passing.

Ensure the safety of your house for your family.

In the event that you pass away without leaving a will, your unmarried partner and stepchildren do not immediately become eligible to inherit the family home if the property is in your name. This means that they run the risk of being evicted from the property.

You have the option of include them in your will and leaving them either a portion of the property or the right to continue living in the home.

Put an end to arguments within the family

If there is no will or if your preferences aren’t made clear, the process of dividing up an inheritance can unfortunately occasionally lead to squabbles and conflicts among the survivors of the deceased.

Contested wills may be harmful to the relationships that you have within your family, and they can also be costly if the decisions that are made regarding your estate are challenged in court.

If you have a will that is well-prepared, it can help you avoid these disagreements and prevent your passing from causing your survivors any further hardship.

Stay away from paying more inheritance tax than is absolutely necessary.

The amount of inheritance tax that will be levied on your estate is determined not only by the size of your estate but also by the beneficiaries you choose in your will.

Anything that is bequeathed to a person who is married to you or your civil partner is immediately free from inheritance tax. When compared to leaving property to other people, including your children and grandchildren as beneficiaries of your estate is likely to result in a lesser inheritance tax liability.

Discover more about inheritance tax, including its criteria, rates, and payers here.

If you’ve been married for a short time, you should draw out a will.

If you get married in England or Wales, your previous marriage will immediately be deemed null and void. This implies that, according to the rules of intestacy, your inheritance might wind up being shared between your new spouse and children from a prior marriage, which could lead to problems in the future.

If you get married in Scotland, however, your previous will is not instantly invalidated. This means that if you pass away, your new spouse may not inherit anything from your estate if you did not include them in your previous will.

Additionally, getting divorced does not nullify your will, which means that even after the divorce, your ex-spouse may still be eligible to receive from your inheritance.

As a result, it is important to examine your will on a frequent basis to ensure that it continues to accurately represent your circumstances, particularly after major life changes like as marriage or divorce.

Determine with whom you would feel most comfortable settling your estate.

You have the ability to appoint an executor, or many executors, inside your will. These individuals will be responsible for following out your last directives.

When you choose your executor in advance, you have the ability to pick the one who is most qualified for the job. In addition to this, it provides the executor with advance notice so that they can get ready.

Have a look at our guide to the probate process if you want to find out more about the duties that come with serving as an executor.

Specify the people you want to take care of your animals.

In the event that you die away, your pets, whether they be dogs, cats, or any other kind, would likely need to be cared for.

Only a few dogs have been known to inherit significant wealth, such as the German Shepherd Gunther IV, who was given a sum in the nine figures after his owner passed away in 1992. However, a more frequent practise is to choose a caretaker for them and set aside some funds to ensure that they have adequate nutrition and medical attention.

Take precautions to safeguard your digital assets.

These days, money in the bank and material possessions aren’t the only things that might be considered assets. Your digital accounts and online purchases, such as music, images, or websites, are also considered part of your belongings; nevertheless, if you do not account for them in your will, they may be lost forever.

Things like email accounts and social media profiles are also a part of your legacy; ask yourself whether you want the material to be safeguarded or deleted, and consider whether or not your executor will need access to any passwords, Direct wills UK.

You may find further information on this topic in our guide on the things you should include in your will, will writing service milton keynes.

Donate to a good cause.

If you are a donor to a charitable organisation, you could consider leaving anything to that organisation in your will.

If you leave more than 10 percent of your assets to a charitable organisation after you pass away, your heirs may be eligible for a reduction in the amount of inheritance tax they are required to pay as a result of your estate.

Law

Heather Breeze Reveals What Family Court Taught Her About Life

Published

1 day ago

September 28, 2023

sylvia J

Heather Breeze Reveals What Family Court Taught Her About Life

Being a family lawyer means gaining a deep insight into relationships, familial conflicts, and life in general, every day. It’s a demanding and sometimes emotional job. But it’s one that teaches you important lessons about life, says barrister and professional mediator Heather Breeze.

Throughout her career, Australian barrister Breeze has had a diverse range of clients. Earlier in her career in England, she represented people in insurance claims and malpractice suits. As a mediator, she’s represented corporations in commercial disputes. But there’s one part of her legal practice that’s taught her more about life and human existence than any other. And that’s family law.

“It’s a really important area of law,” says Breeze. “There’s an enormous amount of good that can be done in it. And there’s got to be an angle when you’re working as hard as we all work where you’re really adding value.”

A barrister at Sydney-based 8th Floor Garfield Barwick Chambers — where her husband, barrister and professional soccer referee Matthew Breeze, also practises — Heather Breeze represents husbands, wives, and parents in all manner of family disputes. Here are three things that working in family law has taught Breeze over the years.

The Best Path Through Conflict Is To Talk It Out

Being a barrister and representing family members in court proceedings means Breeze is accustomed to adversarial situations. In fact, she thrives in such circumstances and is a fierce advocate for her clients. But after decades of experience as a litigator, she knows full well that the most productive way through a family conflict is to talk things out and come to some form of agreement by finding a middle ground.

“Arbitration is a shortcut around the real nastiness of a courtroom,” she avers. “And a courtroom is a nasty, nasty place for a litigant to be in. Arbitration is better than that. Mediation is, has to be the gold standard.”

It’s easy to get pulled into conflict when the stakes are as high as they are in family disputes. When a parent is threatened with losing their child, it’s entirely natural that the only thing they want to do is fight. And while standing your ground and fighting for what you believe in is important, it can often lead to a winner-takes-all mentality that blinds people to compromises that can lead to positive outcomes.

As well as being an experienced barrister, Breeze is a partner in a mediation practice called Mediate3. While using the same essential skills — negotiation, advocacy, and empathy for her clients — being a mediator in a mediation is very different from being a barrister in a court case.

Mediation is a form of alternative dispute resolution that works by bringing opposing parties in front of a third-party, independent mediator. The mediator isn’t there to pass judgement or take sides. Instead, the mediator’s role is to bring the parties together in an agreement that’s mutually beneficial.

Heather Breeze says that when it comes to bringing opposing parties to a mutually beneficial outcome, talking it through in mediation is far more successful that litigation.

“Fighting is counterproductive. There’s always a better alternative,” says Breeze. “Litigation is counterproductive.”

Some People See Parenthood as a Right — But It’s a Privilege

One of the most difficult lessons Heather Breeze has learned from representing parents in custody cases is that oftentimes people see parenthood as a right. She’s lost count, she says, of the number of times she’s seen mothers and fathers come to court demanding their rights as a parent — to custody or visitation.

But courts simply don’t see parenthood in this way, she shares.

“Parents sort of come at this thing thinking, I’ve got rights. I need to be able to spend time with my child — that’s my right. And I have to say — because nobody understands that parents have no rights — that [in law] they’ve got no entitlement to spend time with their child. They’ve got every obligation to support the child, but a court will never approach any sort of arrangements in relation to a child’s residence with the idea that a parent has a right to their child,” Breeze explains.

In her mind, the court has it a little backward in treating parenthood in this way, because the emotional regulation of parents and family law is something she thinks the court ignores.

“But it’s something that can’t be ignored. It’s not realistic and it’s not natural,” says Breeze. “Of course, parents believe that they’ve got a right to spend time with a child.”

But while she thinks the courts should recognise the way parents feel about their rights, there is nonetheless a lesson to be had in the way judges approach the question of custody: First and foremost, parenthood is a privilege, and an obligation. Viewing parenthood in this way, thinks Breeze, will not only make you a better parent, but if you’re faced with familial conflict, it will better help you understand how to deal with the situation — and the courts.

Happiness Comes From Contentment and Contentment Comes From Hard Work

The last lesson Heather Breeze has taken from her work in the family courts is one that doesn’t come from the actual work she does. Instead, it comes from the process of doing the work, and her long years of experience and commitment.

Working as a family law barrister isn’t an easy gig. It’s long hours. It’s emotional. It’s opening yourself up to difficult situations. And it’s making sure you’re there for your clients — whenever and wherever they need you. In other words, it’s damn hard work. But that’s one of the things Breeze loves about her job. Working in family law has taught her about the value and importance of working hard.

“What I say to my kids and what I was taught, is that happiness comes from contentment. And contentment comes from hard work,” says Heather Breeze. “I say it all the time. We all want to be happy, but it’s understanding what [happiness] is.”

Heather Breeze adds that among her friends and colleagues, she’s widely regarded as being terribly clever and terribly successful and terribly vivacious.

“But I’m not. I’m just a regular person who works very, very hard. And I like work. There’s no magic to it,” she says. “My greatest success is the five extraordinary children that I have, who are all just absolutely phenomenal. They work hard [and are] decent people. And that’s really all you need to do [to be happy]. Work hard and be a decent person.”

Law

Find a Compassionate and Knowledgeable DUI Lawyer in Salt Lake City

Published

1 week ago

September 20, 2023

sylvia J

Find a Compassionate and Knowledgeable DUI Lawyer in Salt Lake City

When it comes to facing a DUI charge, having the right kind of legal support can make all the difference.

Whether you have been accused of driving under the influence or are looking to mitigate existing charges against you, finding a qualified and experienced DUI lawyer in Salt Lake City is paramount.

With so many lawyers claiming expertise in these types of cases, it can be difficult to make sure that yours will provide compassionate counsel with knowledgeable results.

In this blog post, we’re going to discuss what sets apart a great law office from an average one when it comes to securing successful outcomes for DUI offenders.

We’ll go over questions you should ask potential attorneys as well as how to know if they really understand Utah’s unique laws regarding DUIs and their associated consequences.

What to Look for When Selecting a DUI Lawyer in Salt Lake City

If you’ve been charged with a DUI in Salt Lake City, you’ll want to make sure you have the best possible representation in court. But with so many lawyers out there, how do you know which one to choose?

The first thing to look for is experience. You want a lawyer who has handled plenty of DUI cases and knows the ins and outs of the legal system.

You should also consider their track record—in what percentage of their cases have they won or had reduced charges?

Finally, don’t forget about the personal connection. You want a lawyer who you feel comfortable with and can trust to fight for your rights.

By keeping these factors in mind, you can find the right DUI lawyer to help you navigate this difficult situation.

How to Research Your Options for DUI Lawyers in the Area

If you find yourself facing a charge of driving under the influence (DUI), it’s crucial to hire a competent lawyer to defend your case. However, not all attorneys are created equal.

With so many options available, how do you know which DUI lawyers in your area are best suited for your case? One of the most effective ways is to do your research. Start by looking online and reading reviews from past clients.

You can also check with your local bar association to see if the lawyers you’re considering have a good reputation. The key is to be thorough and to choose a DUI lawyer who is experienced and knowledgeable in handling cases like yours..

Benefits of Working with a Compassionate and Knowledgeable DUI Lawyer

Getting a DUI charge can be a terrifying experience, and the legal system can be complex and difficult to navigate. That’s where having a compassionate and knowledgeable DUI lawyer can provide invaluable assistance.

A skilled attorney can not only help guide you through the legal process but also provide much-needed support during what can be an emotionally trying time. They can help you understand your rights, negotiate on your behalf with prosecutors, and work to minimize any potential penalties.

Moreover, their expertise and understanding of the law can ensure that your case is handled skillfully and efficiently, giving you peace of mind and the best possible outcome.

Having a compassionate and knowledgeable DUI lawyer by your side can make all the difference in a trying legal situation.

Understanding the Cost of Legal Representation from a Utah DUI Lawyer

The cost of legal representation from a Utah DUI lawyer can be a source of concern for anyone facing a DUI charge. It’s important to understand the factors that go into determining the cost, so you can make an informed decision about your legal representation.

A lawyer’s experience, expertise, and track record of success are all important factors to consider when choosing representation. Additionally, the complexity of your case and the amount of time and resources required to build a strong defense will impact the overall cost.

While the cost of representation may seem daunting, keep in mind that hiring a skilled and experienced DUI lawyer can ultimately save you significant time, money, and stress in the long run.

Preparing for Your First Meeting with Your Salt Lake City DUI Lawyer

If you’ve been charged with driving under the influence in Salt Lake City, hiring a DUI lawyer is a crucial step in protecting your rights and minimizing the potential consequences.

However, meeting with a lawyer for the first time can be intimidating. Don’t let nerves get the best of you; preparation is key.

Before your initial meeting, gather any documentation related to your case, including police reports and breathalyzer results.

Be honest with your lawyer about the details of your arrest and any prior criminal history. Remember that your lawyer’s job is to advocate for you, so it’s important to establish a strong and honest relationship from the start.

With a little bit of preparation and a willingness to work with your lawyer, you can feel more confident and secure as you navigate the legal process.

Choosing the right DUI lawyer in Salt Lake City is an important decision that can make all the difference in your case. With careful planning and the assistance of a qualified professional, you can overcome this difficult circumstance successfully.

Law

How Can You Report Workplace Harassment Incidents in Las Vegas?

Published

2 weeks ago

September 13, 2023

sylvia J

How Can You Report Workplace Harassment Incidents in Las Vegas?

Workplace harassment is a general term that may include several actions such as:

Verbal abuse
Bullying
Work shaming
Physical/sexual assault
Covert microaggressions.

It is imperative to respond when you have personally encountered workplace harassment or witnessed it happening.

Recognize that if you have experienced harassment, it is probable that others have faced similarly unacceptable behavior before and may continue to do so unless addressed promptly.

Therefore, it is essential to contact Ace Legal Group, an employment law firm in Las Vegas, immediately to address and resolve workplace harassment issues.

Small business owners who experience workplace harassment confront much more significant difficulties.

What if the owner of the company is harassing you?

What if the department handling your claim is not human resources?

It is difficult to pursue justice in this circumstance. In Las Vegas, reporting workplace harassment is essential to ensure a safe and respectful work environment.

Employees can begin by following their company’s established procedures for reporting incidents.

How can the work culture be fixed?

There are many toxic environments, even though no one should have to deal with harassment at work. This is why a project called as Workplace Harassment Ends Now, or WHEN, was established. You have the power to lead change in the workplace.

Do you wish to foster a more civil workplace? You must first sign a Pledge of Commitment to show you are dedicated to establishing respectful, harassment-free workplaces for future generations.

Tell your employer about Project WHEN if you know that things at work must change. There are several methods for businesses to become engaged, from facilitated meetings to start the conversation about what is not working to the WHEN Organizational Certification, which leads employers through a comprehensive process to build respectful workplaces for everyone.

Your company can also use the Employee Culture Pulse Survey to evaluate the office environment and the success of your harassment-reduction initiatives. To help your business address areas for improvement, Project WHEN will assess the findings and give data that can be used.

You might be interested in the WHEN Professional Certification if you are passionate about bringing about change at work. The information, credibility, and resources needed to impact change within their firm will be provided to students who complete the online certification courses.

Seeking legal counsel is another avenue for those facing harassment. Remember, taking action against workplace harassment is crucial for your well-being and the integrity of the workplace.