A Will is an important legal document that comes into effect upon your death and sets out how you want your property to be distributed. Subject to certain restrictions, you can leave a portion of your property or the whole of your property to any individual or organization.

It is important to ensure your Will is kept up to date to account for the continuously changing events in your life. For example, if you make a Will and later marry or live in a spousal relationship for two or more years your will is invalid unless you will includes the contemplation or marriage or a spousal relationship.

Additionally, ending a spousal relationship can also revoke or cancel the whole, or parts, of your Will. If your spouse is the executor of your Will or a beneficiary under your will, those parts of your will be revoked or cancelled after your divorce, or after 24 months of separation in the case of a common law relationship.

When a person dies with a valid will the executor(s) entitled to deal with the estate usually must apply to the court for Letters Probate before they are authorized by law to deal with estate assets.

Individual circumstances can vary significantly, it is strongly advised that you speak with a qualified Estate Law lawyer at an early stage. In an initial consultation at MacKay and McLean, you will receive a complete, general orientation as to the legal, practical and personal implications of your specific circumstances.