Will Lawyers: Why You Need One and How They Protect Your Legacy

Estate planning is more than just deciding who gets what. It's about protecting your loved ones, minimising disputes, and ensuring your wishes are legally recognised. That's where a will lawyer comes in. Whether you're writing your first will or defending a contested will, legal guidance is critical.

In this article, we’ll break down why working with a wills and estates lawyer is essential, how they help in complex family situations, and what legal tools you should consider, including an enduring power of guardianship.

What Does a Will Lawyer Do?

A will lawyer, also known as a wills and estates lawyer, specialises in the legalities surrounding wills, estate planning, and probate. Their role includes:

• Drafting valid wills in compliance with state laws

• Advising on trusts and estate taxes

• Helping clients appoint executors and guardians

• Assisting in probate and estate administration

• Defending or contesting wills in court

They ensure that your estate is distributed according to your wishes, minimising the risk of disputes and legal complications.

Why You Shouldn't Write a Will Without a Lawyer

With online templates and DIY kits readily available, it can be tempting to write your own will. But the risks often outweigh the savings.

Risks of DIY Wills

• Incorrect legal language: Ambiguities can lead to misinterpretation.

• Invalid execution: Wills must meet specific witnessing and signing requirements.

• Failure to update: Life changes like marriage, divorce, or children require updates.

• Unintended disinheritance: Mistakes can exclude loved ones or cause disputes.

A professional lawyer ensures your document is legally valid and reflects your true intentions.

Defending a Contested Will: Why Legal Support Matters

Contested wills are more common than many assume. Family dynamics, second marriages, or unclear wishes can trigger legal battles. If someone challenges your will after your passing, your family could face emotional and financial stress.

Common Reasons Wills Are Contested

• Allegations of undue influence

• Claims of lack of mental capacity

• Disputes over unequal distribution

• Improper witnessing or signing

How Will Lawyers Help

• Prevention: A well-drafted will with legal oversight is less likely to be contested.

• Defense: If a will is challenged, your lawyer can defend its validity.

• Litigation: They can represent executors or beneficiaries in court.

Hiring a wills and estates lawyer is the best way to protect your legacy from being unraveled in a courtroom.

The Role of an Enduring Power of Guardianship

An often-overlooked aspect of estate planning is planning for incapacity. What happens if you become unable to make decisions for yourself?

What Is an Enduring Power of Guardianship?

This legal document allows you to appoint someone to make personal, lifestyle, and medical decisions on your behalf if you lose capacity. It is different from a financial power of attorney.

Why It Matters

• Avoids guardianship battles: Without one, courts may need to appoint a guardian.

• Ensures your wishes are respected: You choose someone you trust.

• Simplifies healthcare decisions: Your guardian can consent to treatment or care plans.

A will lawyer can guide you through setting up an enduring power of guardianship as part of a complete estate plan.

Choosing the Right Wills and Estates Lawyer

Not all lawyers are created equal. When looking for a will lawyer, consider:

Key Qualities to Look For

• Specialisation in estate law

• Transparent fee structure

• Positive client reviews

• Experience with contested wills

• Local knowledge of state laws

Questions to Ask Before Hiring

• How do you handle complex family arrangements?

• What experience do you have with contested wills?

• Will you review and update my estate plan periodically?

• Can you also draft an enduring power of guardianship?

A good lawyer will make you feel confident that your legacy is in safe hands.

Additional Estate Planning Tools to Consider

Beyond just a will, your lawyer might recommend:

• Trusts: Useful for asset protection and tax planning

• Advance healthcare directives: Clarify medical preferences

• Power of attorney: Appoint someone to manage finances if you're incapacitated

• Letter of wishes: Informal guidance to executors and family

A wills and estates lawyer can help you create a cohesive strategy tailored to your unique situation.

Don't Leave Your Legacy to Chance

Your estate plan is too important to leave up to chance, vague language, or online templates. Working with an experienced wills and estates lawyer ensures your assets go to the right people, minimises family conflict, and keeps your wishes front and center.

Whether you need help defending a contested will, writing your first one, or establishing an enduring power of guardianship, legal expertise is your best safeguard.

Get In Touch Today!