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Importance of making a will

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Life is full of unexpected events. That is why, in the face of uncertainty, human beings must lean on all those pillars that give them peace of mind in their day to day.

One of these tools is the will, which many people turn to if they want to make sure that their properties and assets will pass to those closest to them, in case something happens to them.

making a will


It is a legal process that guarantees the last will of the deceased.

However, it is not enough to just write on a sheet of paper in a drawer in our house to call it a "will" and the inheritance is properly distributed.

Regardless of whether that is our will, sometimes that document does not have the necessary validity to serve as a will.

Reasons for making a will

For those who are wishing to make a will, here we are going to explain the importance of a will and the consequences of not doing it before death.

1. The testament provides legal certainty to the distribution of the inheritance

In the first place, it is a legal formalization that provides and confers security at the legal level both to the heirs and to the testator, thus saving many problems.

Having said the above, the will certifies the distribution that the property wishes to make when the possessor of these has died.

will and estates


In that sense, if it is recorded, the possessions are not left up in the air and are distributed as reflected in the will.

Also, you should not think that formalizing a will implies parting with those assets as owners from that moment.

Until the death occurs, the properties and assets correspond to the one who has them and the heirs will not be able to receive it until that moment.

It is also important to mention that the testator does not have absolute freedom to make the distribution as he wants.

There is the concept of legitimate, which explains that there is a part of the inheritance that can never be taken from the heir, which is usually 1/3 of the inheritance.

2. It is a simple and fast procedure

It is a very fast legal procedure and its cost is very low. You just have to go with your ID to a notary in Sydney and tell the notary how you want to distribute your assets, and pay the cost.

In addition, you do not need to do it with any witnesses, because it is a very secret procedure and, if that is what you want, the heirs do not have to know the configuration of the distribution until death.

Wills, of course, are not permanent: they are revocable and all the elements that we want can be changed. The last registered will always be valid.

make a will


What happens if I don't make a will?

Another reason for making a will is that, everything that is collected in the will has a 100% guarantee that what is written in the document about our wishes to distribute our assets will be fulfilled and that, for Therefore, when your requests are legally established, it is not then the law that is obliged to designate the heirs.

If no will is left, the order stipulated by the Civil Code is as follows:

  • Children and grandchildren.
  • Parents and grandparents.
  • Spouses
  • Brothers and nephews.
  • Uncles and cousins.
  • If no one claimed the inheritance, the State would remain.
You cannot imagine how much a will simplifies an inheritance distribution process. When wills are not made, the procedures are slower and more expensive, involving a considerable financial outlay for family members, who want to get rid of this mess as soon as possible. If you need more assistance, contact Mckenzie Lawyers today!


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