WILLS:
In order to have your lawyer prepare a will on your behalf you should provide certain information, including the following:
i. The proper spelling of your names, your spouse's names, and your children's names;
ii. The name of your executor;
iii. Any directions as to your choice of burial;
iv. Any directions as to your choice of guardians for your children;
v. Your wishes as to how you would like to dispose of your assets.
Only assets solely in your name shall be dealt with through the will. Joint assets will go to the surviving joint owner. Assets that require you to make a declaration as to a beneficiary will be transferred directly to the beneficiary in accordance with the declaration, and will not be included as an asset in the will. The will may be revoked by you at any time, provided that you have the capacity to do so. The will comes into effect on the date of death.
ESTATES:
Upon passing, it is necessary to have the will submitted to the Court for Probate. This can be done with the assistance of a lawyer. It is only upon the issuance of a Grant of Probate that the executor will have the authority to deal with the assets of the estate. Your lawyer will require the following information:
In the event that the deceased dies without having made a will, it will be necessary to apply for Letters of Administration. The same information as for the application for the Grant of Probate is required, except that the names and the addresses of the next of kin of the deceased will be required.