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Kayne Roy Ballard

Locality: Southport, Queensland

Phone: +61 7 5670 8288



Address: Suite 1, Level 2, GCBiz Hub, 35-39 Scarborough Street 4215 Southport, QLD, Australia

Website: http://www.kayneroyballard.com

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25.01.2022 An estate challenge can arise if a will is poorly drafted and a clause can lead to many different interpretations. The more interpretations that a will can be given means that there are more positions that beneficiaries can take. The consequence is that this can lead to lengthy litigation whilst a judge is required to construe a clause. It is clear that if a will is drafted by a competent legal practitioner then issues of interpretation can be avoided which consequently... means litigation is avoided and an estate can be distributed faster. If you are looking at your will and feeling as though it is clumsily drafted do not hesitate to contact my office to have you will reviewed to see how we can improve it. See more



24.01.2022 Make the complaints process against lawyers quicker instead of making it drag out for months and years #legalservicescommission #lsc #qls #shannonfentiman #ag #qld #christianportner #complaints #clients #resolutions #fees #conduct #legalpractice

23.01.2022 I want to talk about the amazing work that this podcast does. The project is designed to take cases where men have murdered women and place a feminist lens on the judgment but they can only write the judgment with the law as it stood at the time of the case. #scotland #law #gcu @rgulawsociety #feminist #feminism #rgulaw #scholorship #justice @gculawsociety @edinburghlawsociety @strathlawsoc #rewrite #rewritetherules @glalawsociety #lawsociety #lawscotfoundation #lawscot #australia

22.01.2022 #trustee #duties #rights #obligations #liabilities #money #investment #planning #assets #lawyer #solicitor #unitedkingdom #australia #commonlaw #university #study #buy #sell #divide #mortgage #encumberance #assets #liabilities #protection #tax #minimisation #doctor #engineer #young #professional



21.01.2022 #law #help #lawyer #introduction #wills #estates #willsandtrusts #willsandtrusts #trustee #beneficiary #future #protection #assets #goldcoast #brisbane #australia #disputes

19.01.2022 It is clear that preprinted wills cannot cater for all occasions or changes in occasions for example let's say that you appoint more than one executor to act jointly. IF one of the executors passes away then the will could hit some strife and may require the court's intervention to allow a probate to be granted or the will to be construed or an application for Letters of Administration With a Will. So you can have piece of mind in your estate planning contact my office and let me assist you to avoid all of the pitfalls.

17.01.2022 Homemade wills generally only work when: 1. The estate is small; and 2. The beneficiaries agree on their entitlements. ... Homemade wills fail where: 1. The estate is large; 2. The will is confusing; and 3. The beneficiaries do not agree. It is clear that these issues can be resolved if a person consults a qualified lawyer to draft their will. If a qualified lawyer is not used to draft a will then often the result is that the parties will be locked in a lengthy and expensive court battle. If you have a complicated estate which needs an expertly drafted will do not hesitate to contact my office. See more



16.01.2022 *.* Executor's Duties *.* So? You've just been appointed an executor? Whilst many people consider being appointed as an executor a great honour. Most people are blissfully unaware of the duties, trials and tribulations that can befall an executor before it is too late (in the sense that the will-maker has died or they are in the process of administering the deceased estate).... Additionally, it has now become not common to appoint the same person under a will as both executor AND trustee this can pose even more duties upon an unsuspecting executor. Further, many people do not consider the fact that if they are found by a court to have breached any of these duties they may: 1. Be liable personally for damages; 2. Be restrained; or 3. Be removed as executor (just to name a few). An executor's duties are generally defined as but not limited to: 1. Locate the will; 2. Arrange the funeral; 3. Advising beneficiaries of their entitlements under the will; 4. Identifying the assets and liabilities of the Estate; 5. Protecting the assets and paying liabilities; 6. Applying for Probate; 7. Keeping accounts, records and finalising the deceased's taxation matters; 8. Distributing the assets of the estate to the beneficiaries (after certain statutory criteria have been met; and/or 9. Possibly defending estate litigation. *.* Is There an Alternative? *.* Many law firms offer both trustee or executorial services this means that they can be instructed by the executor to assist them to complete their duties. A lawyer will generally assist an executor to: 1. Locate and identify the assets of the deceased; 2. Apply for probate; 3. Call in the assets; 4. Correspond with creditors of the deceased; 5. Distribute the deceased estate according to the deceased's will; and 6. If necessary, advise on litigation concerning the estate. If you are an executor who is feeling lost or overwhelmed with your duties as an executor to an estate please do not hesitate to book an appointment with my office at the link below and selecting "Legal Life Planning". https://app.acuityscheduling.com/schedule.php?owner=19660127

14.01.2022 There are reasons why homemade wills are a great evil and a curse on probate practice and they can be summarised as follows: 1. A will may not be signed either by the testator or by the two witnesses or in the presence of each other or the will might be signed by the witnesses and the testator in different ink which can cause uncertainty as to whether the requirements as to validity have been met; 2. A will may not be dated which can affect the validity of the will if it is c...hallenged by a beneficiary; 3. The will may be handwritten in two sets of different ink which can cause doubts as to whether certain clauses or amendments were to be included in the will; 5. A testator may add content to a will after it has been signed by them and the witnesses consequently this can cause uncertainty as to the wishes of the testator; 6. The testator may use confusing words which may result in the intervention by the Court to interpret the words to give them meaning; 7. The testator may gift some of their items and not all of them. This is known as a partial intestacy and can require the Court's intervention to complete the distribution of the estate; 8. The testator may without intent cause more difficulties by accidently tampering with the will ie removing staples to photocopy a will and restapling it. This can cause issues for the Court because they may believe that pages have been added or missing from the will; 9. A homemade will may not allow you to deal with taxes or other legal issues such as guardianship of minors or your funeral; 10. A homemade will may use the wrong words or use terminology losely the effect is that a clause in your will may not have the effect that you actually want; By using a homemade will kit you will unfortunately generally end up depriving yourself of much needed legal advice whether it may simply be how to correctly sign off on a will or consideration of your superannuation entitlements if you have any or an explanation as to which assets you can gift away and which assets you cannot. If you wish to secure your family's future with more precision and certainty please do not hesitate to give my office a call.

14.01.2022 #simplemindsofficial #scottish #law #love #willsandestates #scotland #australia #estateplanning

14.01.2022 The Rest is Just Gravy I was reminding this morning and I thought about this jacket. I obtained this jacket when I travelled to Poland in 2019 to teach English.... It got me thinking further, in 2012 I was admitted to the Supreme Court of Queensland as a lawyer and I thought to myself I have achieved everything I need to in life, the rest is just gravy. I thought for a person diagnosed with cerebral palsy that in itself was an achievement enough. To the end of 2012 I worked in a law firm where the client base was predominately South American and I look it upon myself to teach myself Spanish. That same year, I was introduced to an Argentine lawyer who also showed me the opportunities that can open up if one is qualified to teach English. In the closing of 2012 I completed my TESOL at Griffith University. In 2013 I started work for another law firm on the Gold Coast where I was introduced to the tools of my craft (now specialisation) that being will drafting, trust deed drafting and the wonderful world of estate litigation. It was in that position that I met Ilan who I did not know it then but who would become a huge influence on my passion for estate planning and litigation. In 2013, I had the pleasure of instructing Ilan and commenced appearing in the Supreme Court of Queensland on my own. Through 2013 -2015 I appeared in numerous matters in the criminal realm and I developed a bit of a reputation (desirable or not) as I maintained my flare, playfulness and maintained my legal ethics. May be you can shed some light on that Bettina? In 2015 I also completed my Graduate Certificate in Australian Migration Law at the Australian National University. At the end of 2015, I was having drinks with a very close legal brother of mine and it was in that conversation her said you will never be happy until you are doing your own thing. In 2015 I booked flights to Argentina however due to mounting pressure and an inability to support my principals. I cancelled the flight to Argentina and I commenced the Practice Management Course. At the PMC I met two great colleagues one who would later become one of my greatest assets and effectively save my life. In 2016, I commenced trading as Simpliciter Legal Solutions as a sole trader. In this period I had a matter which went all the way to the Court of Appeal in Queensland and I had the pleasure of instructing Rob. That matter was Till & Anor v Rose [2016] QCA 127 and that decision can be read at the link above. I also had the pleasure of meeting Mitchell and Damien (two pleasurable gentlemen whom I hope I never have to do combat again). I also had the pleasure of winning my first summary criminal trial. At the end of 2016 I appeared a guilty plea which lasted 5 hours of advocating in the Local Court and I also appeared in the Supreme Court of the Northern Territory in a matter where I would later instruct Angelo Vasta QC and Kathleen Payne (now a sitting Magistrate). In that same year I also joined the Freemasons after being asked by my good friend Michael. I was introduced to all things Scottish including whisky and haggis and I met some incredibly amazing people. Including but not limited to: truck drivers, computer experts, mechanics lawyers, barristers, sitting members of parliament and sitting members of tribunals. Finally, I merged Simpliciter with Enlightened Justice and this is where the fun really began. Early in February 2017 I went to see Simple Minds at Sirromet Winery, this concert was certainly one that would later turn out to a life changing concert. Jasmina and I never saw eye to eye on anything when it came to running the practice. I was still stuck in my old school ways and to that end I still am in some ways. We would fight over everything. Add on top of that I was dealing with an alcohol problem and diagnosed depression. I could not bring myself to complete the work that was assigned to me or would want to complete it, this made for a complete disaster with Jasmina working min 16 hour days to keep Simpliciter afloat. Jasmina and I were still fighting and strangely enough to cure our arguments and save our friendship we left our junior lawyer in the office while we drove for two weeks from Queensland through New South Wales, Victoria to South Australia for a mediation. Towards the end of 2017 Jasmine found out she was pregnant and in addition to that she herself had won an appeal in the Supreme Court of South Australia that was Tombleson v Steventon [2017] SASC 100 that judgment can be read in the comments. At the end of 2017, I departed Australia for Hong Kong(the first time I had ever left Australia because New Zealand doesn’t count). This was the first time I encountered culture shock I realised that I could not speak Cantonese as I arrived at the Hong Kong International Airport . To complicate matters, I was suffering a chest infection. I stayed in Hong Kong for two weeks where I was introduced to Hong Kong culture, an international lodge visit Zetland Hall and eating at a Michelin starred restaurant. I was also introduced to the political tension between Hong Kong and China and the plight of the fulong gong. I returned to Australia in early 2018 and work commenced as usual. Nothing two crazy happened that year except the judgment of Northern Territory v Burrell & Ors [2018] NTSC 34 was handed down. This was the case where I had instructed Angelo Vasta and Kathleen Payne. The case was the first case (as I could tell) where a Respondent/Objector has successfully defended a confiscation case that judgment can be read in the comments. Later in 2018 I undertook personal development with Preston and Alexi and this is where my belief thatI was identified by my job and that it was all I had, was completely shattered Preston’s words no one gives a fuck that you’re a lawyer rocked me. To that end, I believe he is correct and that conversation has changed the way that I view legal practice. Finally, in 2018 I headed to SCOTLAND and I stayed in Edinburgh for 3 weeks and I headed to Glasgow for one evening where I met Conner I was also blessed that I was able to attend Lodge Water of Leith 1267 for a regular meeting and their installation. I also had a bet with David that I could not finish the biggest meal at The Tollbooth Tavern, somehow I managed this feat. In this period Ian assisted me with the small things like What is Scotland’s equivalent to "Kmart’. It’s Primark ok, it’s Primark! In the beginning of 2019 I headed to Poland to teach English with Angloville. I won’t comment on the quality of the program because the reality is I have nothing good to say about it. I recall the night I landed in Poznan, Poland, I spent the night with two amazing Polish gentlemen, whilst we could not completely speak each other’s languages we spent the night talking about Australian and Polish history. Notwithstanding the quality of Angloville but I met three amazing people who I consider lifelong friends Mark, Lewis and Jess. I taught in Poland for three weeks and was assisted by my housemate at the time Kasia as I couldn’t speak Polish and I still can’t! I also took the time to learn Polish culture and the legal system. Upon returning to Australia in early February 2019 work continued as it does until 22 May 2019 wherein Jasmina and I decided to head to Europe and the United Kingdom. First we landed in London and four days later I departed for Scotland and stayed in Glasgow, United Kingdom for 9 days. We then departed for Glastonbury, Somerset, United Kingdom for a few days and Jasmina headed to Croatia and I headed to Spain to teach English. I fell asleep in Paris waiting for my bus to cross the English Channel and I had my phone stolen. I arrived in Madrid, Spain) and arranged a new phone to be purchased. I then stayed in Madrid overnight (after arranging new accommodation) as my old accommodation was cancelled due to arriving late. The next morning I headed out to Los Templarios to teach English for a week. During that week I met Walter and Birgitta who were a lovely German couple whom I came to stay with whilst I resided in Germany for a week. Unfortunately whilst I was out teaching I had 4 asthma attacks, after returning from Los Templarios, I was preparing to depart from Madrid to Zagreb in Croatia and I was required to be hospitalised in Madrid for three weeks. The upside is that my main bag made it to Croatia, I however did not. In this period I was frustrated because I wanted to go to Croatia, my main bag was missing and my Spanish skills were quite weak. I had access to the internet so I used the time I strengthen my Spanish by drawing pictures and speaking to other patients in the hospital. After finally being discharged I headed to Barcelonaa for two days before my connecting flight to Croatia. Whilst in Barcelona I took the time I go to Barri Gòtic and take photos and just be a general tourist. Upon arriving in Zagreb I was greeted by Jasmina at the airport and we stayed at her friend’s house for a few days until we found some accommodation in the city. We spent some time travelling around Zagreb and going into the mountains and eating food in the city. Next we departed from Zagreb and headed to Switzerland. as one of our clients asked us to deal with the UBS Bank which was located in Zurich. We spent 14 hours travelling by train from Zagreb. Once we arrived in Zagreb we attended upon UBS and completed what was required. We spent time in Zurich eating food and drinking wine and socialising for a few days then we moved on to Belguim. In Belgium we attended a tech conference and undertook the usual touristy things like food and drinking. Finally, we departed for Berlin and spent 4 days there doing touristy things and Jasmina departed to the United States and I departed for Germany I stayed there for 7 days and then I returned to Australia. On my return to Australia in August I undertook contract work at another law firm specifically in their estate litigation team from there I developed my craft even further and I completed my Masters of Laws at the University of Queensland. Around November 2019 I contracted community acquired pneumonia and blood poisoning two days after appearing in the Supreme Court of Queensland on a case that in my opinion was completely unwinnable due to my client’s unwillingness to cooperate. That hospital stay required me to consider the future of my practice and I considered downsizing the practice areas that I was undertaking this led me to solely focus on wills, estates and succession law in general. In 2020 having completely made up my mind to change my practice areas I completed a mediation course at the University of Queensland and I joined the Society of Trust and Estate Practitioners, The Society of Will Writers and I am now applying to join the Society of Writers to Her Majesty’s Signet in Edinburgh in Scotland. But you know. The rest is just gravy. #lawyer #travel #nevergiveup #disability #hongkong #china #scotland #singapore #poland #unitedkingdom #london #glastonbury #glasgow #france #madrid #spain #zagreb #croatia #switzerland #bern #belgium #germany #heidelberg #freemasons #barcelona #uq #universityofqueensland #steps #thewssocietyeh1 #simpleminds #simplemindsforever

12.01.2022 Have you ever thought about death? Most people don't until it is too late. Then a turbulent storm of confusion often begins: 1. Who is going to arrange the funeral? 2. Who is going to look after the children? 3. Who is going to receive what from the deceased's estate?... 4. Who is going to administer the estate? Have these questions got you thinking? If they have do not hesitate to contact me at [email protected]. #wills #life #death #confusion #lawyer #trusts #kids #future #security



11.01.2022 *.* The Estate Planning Essentials *.* In any basic estate planning package the essential documents are: 1. A Will;... 2. An Enduring Power of Attorney; 3. An Advanced Health Care Directive; and 4. A Binding Death Nomination; *.* The Will *.* In short a will deals with: 1. The Appointment of an Executor; 2. The distribution of your assets; 3. The guardianship of your children; and 4. Your funeral and disposal of your body. *.* An Enduring Power of Attorney *.* An Enduring Power of Attorney appoints someone to make decisions on your behalf about: 1. Personal matters (ie living arrangements); 2. Health matters (giving or withdrawing consent); or 3. Financial matters. If you lose the ability to: 1. Understand the information given to you; and 2. Weigh up the information given to make a decision; and 3. Retain the information long enough to make the decision; and 4. Communicate the Decision to others * The Advanced Health Care Directive ("AHD") * Simply an AHD allows you to give formal instructions regarding your healthcare in future and is effective if you lose capacity it: 1. Outlines what healthcare or medical treatment you want if you cannot make decisions for yourself; 2. Enables you to appoint an attorney for these matters; 3. Allows you to include additional information your heath professional should know ie: health conditions, allergies and religious, spiritual or cultural beliefs. * Binding Death Benefit Nomination * In Australia generally a superannuation fund or insurer can use its discretion to pay out anyone it believes is either your legal personal representative, spouse, children or anyone who was financially dependant upon you at your date of death. By signing a Superannuation Binding Death Nomination ("BDN") (normally renewable every 3 years) you are legally directing your superannuation fund or insurer to pay your benefits to the people that you want them to go to. By signing a BDN you are removing the superannuation fund or insurers ability to use their discretion. If you believe that it is time to update or complete your legal life planning please do not hesitate to give me a call or book an appointment under "legal life planning" https://app.acuityscheduling.com/schedule.php?owner=19660127

10.01.2022 #edinburghscotland #edinburgh #edinburghcastle #edinburghsnapshots @thisisedinburgh

10.01.2022 #lawyer #pissheads #breakfast #law #love #life #liberty #sandgate #north #brisbane #wine #family #estates #wills #willfromhome #trusts

10.01.2022 A reminder of what once was and when I struck out on my own as a solicitor #past #present #future #lawyer #wills #willsandtrusts #willsandestates #litigation #probate #successionplanning #love #family #protection #assets #assetsoverliabilities #assetmanagement #assetsvsliabilities #digitalassets

10.01.2022 *. Trustee Under Somebody's Will? - Duties *. It is not uncommon that when a testator appoints an executor under a will they also at the same time appoint them as trustee. At law trustees have duties, rights, obligations and liabilities placed on them.... The Court has made it clear that an executor holds the property of the deceased for carrying out the functions and duties of the administration of the estate. Upon completion of the administration of the estate the assets then may be applied to any trusts set up under the will. *.* Duties of a Trustee *.* Trustees have a number of duties which at times can be onerous encumbered upon them by both legislation and judge made law. These duties include but are not limited to: 1. Act in the beneficiaries best interest; 2. Identify and protect trust assets; 3. Follow the terms of the deceased's will (including at distribution); 4. Balance the beneficiaries wishes with any constraints either in the trust deed or law; 5. Provide financial reports as to the trusts assets; 6. Maintain records to show compliance with both the trust deed and the law; 7. Exercise reasonable care in managing the trust; 8. Duty not to profit from the trust; 9. Duty to act in person, you must act in person and cannot delegate your powers you can however consult others (can depend on the trust deed); 10. Duty to act impartially so not favor one beneficiary over another. If you are concerned or require advice in respect of your duties as a trustee please do not hesitate to book an appointment at https://app.acuityscheduling.com/schedule.php?owner=19660127 and do not forget to select "Legal Life Planning".

09.01.2022 *. Trustee Under Somebody's Will- Powers .* Naturally since a trustee's duty is ultimately to protect the trust assets and act in the best interests of the beneficiaries it is only natural that the law or trust deed (Or will) would give a trustee powers. Some of these powers include but are not limited to:... 1. Sell property by auction or otherwise; 2. Insure the property; 3. Lease or hire property; 4. Mortgage or encumber property; 5. Open and operate bank and similar accounts; 6. Give receipts; 7. Grant and deal with instruments and securities; 8. Grant annuities; 9. Borrow, lend, and guarantee liabilities, including to beneficiaries for no security; 10. Allow beneficiaries to use trust land ie to live in rent free; 11. Give receipts for money or property; 12. Delegate power; 13. Employ person's or engage agents for renumeration; 14. Carry on business; 15. Develop land; 16. Accept additional sums of money to form trust property; 17. Prepare accounts and have audits; 18. Purchase property jointly; 19. Deal with shares and security ie vote as shareholder; 20. Appoint custodians or nominees; 21. Charge a fee as trustee if a professional trustee; 22. Appropriate assets for any use; 23. Settle litigation or disputes; 24. Take advice from counsel or a solicitor in interpreting the trust deed; 25. Pay income that is owed to a minor or beneficiary under a legal disability to a parent or guardian; 26. Acquire assets that do not generate an income; 27. General power to manage or dispose of trust property. It important that to understand the powers that a trustee has the first place that they should go is the trust deed or will itself and to look at the plain meaning of the words in the trust deed. Additionally it should be noted that if a will or trust deed does not mention a power but the power is provided for then that power becomes a part of every trust deed. If you are concerned as a trustee as to the powers that you may exercise please do not hesitate to book an appointment with me at https://app.acuityscheduling.com/schedule.php?owner=19660127

08.01.2022 #gc @courtnetwork @lawlibraryqld @southportgc @lawyer @asecretsolicitor #willsandestateplanning Where it all began

02.01.2022 * Trustee Under Somebody's Will- Rights.* As noted previously a trust is given duties, obligations rights and liabilities whilst in the office of trustee. Whilst the trustee is in office it is their job to maintain the trust. Generally at law, within a trust deed or under legislation trustees given rights to exercise. These rights can include but are not limited to:... 1. The right to be reimbursed (as long as the costs are reasonable and properly incurred), if you are sued as trustee then you can claim your legal costs as part of the administration of the trust and if necessary you may pursue the beneficiaries personally; 2. The right to seek advice from the Court as to how best administer the trust; 3. The right to be relieved from a breach of trust - all Australian jurisdictions empower the Court to relieve a trustee from a breach of trust if the trustee can prove that: a. They acted honestly and reasonably, b. They ought fairly be excused for the breach of trust and for failing to obtain the Court's direction - the court may excuse them. 4. The right to a contribution - IF as a trustee you suffer a loss because of a breach of trust you have a right to hold the other trustees jointly and severally liable to recover the cost; If you are a trustee whom is confused as to how to exercise their rights or simply wants help in exercising their rights please do not hesitate to contact me at https://app.acuityscheduling.com/schedule.php?owner=19660127 and clicking on "Legal LIfe Planning".

02.01.2022 *.* Choosing an Executor? *.* More often than not an executor's job is often thankless and open to scrutiny so when choosing an executor you need to consider carefully who you are going to choose. I often recommend to clients that when they choose an executor they choose someone that is:... 1. Honest; 2. Reliable; 3. Trustworthy (will carry out your wishes when you are not here); and 4. Responsible. It is often important when choosing who will be your executor that you consider the following: 1. Intellectual abilities; 2. Emotional resilience; 3. Integrity; 4. Honesty; and 5. Trustworthy. Additionally when choosing an executor is it best that you do not appoint somebody who lives overseas or interstate this is because some documents are required to be signed as originals by the executors and postage will simply slow the estate administration process down. *.* How Many Executors? *.* The law in generally allows multiple executors to be appointed and they can generally be appointed jointly or severally. My personal preference is to advice clients that they should appoint a minimum of three (3) executors under their will to act as substitutes incase something happens for example: 1. The spose (if they die, are unwilling or unable); then 2. A child (if they die, are unwilling or unable); then 3. Myself. *.* Can You Remove an Executor? *.* If an executor is causing unnecessary delay, has caused an error or the estate assets are not being preserved then an action may be potentially brought against them for damages and/or removal from the office of executor. If you are considering who to appoint an an executor or you are a beneficiary with an issue with an executor please do not hesitate to contact my office for a confidential consultation. Click on the below link and select "Legal Life Planning". https://app.acuityscheduling.com/schedule.php?owner=19660127

01.01.2022 More often than not I hear people say things like: "But it's just a will" or... "It's not my problem I'll be dead" The reality is a will is one of the most important documents you will ever sign because it often will deal with the following things: 1. Who will be appointed to finalise your affairs? 2. Who will look after your children if you die and they are minors? 3. Who is to inherit your assets? 4. Control of your assets from beyond the grave; 5. What type of funeral do you want to have? 6. Whether you want to donate your organs While there is no guarantee that your will is not challenged a couple of minor things can ensure that any potential challenges are reduced: 1. Ensure the will complies with legal formailities; 2. Turn your mind to anyone that you may have an obligation to; 3. Ensure the will is not incorrectly witnessed or incomplete; 4. Ensure that there are no amendments or alterations on the will after it is signed; 5. Ensure your will is up to date; 6. Ensure you appoint guardians if your children are under 18; 7. Ensure you do not forget any assets; 8. Ensuring you appoint an executor; 9. Do not be too specific when describing objects in your will; 10. Ensure that you account for debts.

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