Contemplating marriage and making a will

contemplating marriage, will making, marriage, testamentary, getting married, make a will, Normally under Australian succession law marriage cancels a will (that is revokes in legalese) – unless the will was made in contemplation of marriage.

In addition to marriage, legislative amendments in some states/territories such as South Australia, Tasmania and the ACT, now provide for people contemplating entering into a registered relationship or partnership to make arrangements in their will.  However the legislation on this topic of making a will when contemplating marriage varies across the jurisdictions.

It is important to check what the provisions are for where you live if you are planning on making a will ahead of getting married or entering into a relationship.  Specific legal advice and assistance should be sought. A brief look follows.
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Leaving an unsigned will – second thoughts or intended last words?

unsigned will, informal will, invalid will, unexecuted will, testamentary intentions, will-makingSometimes an unsigned will is left in situations where the willmaker, in consultation with lawyers, has been in the process of making a new will, but died before the requirements to make a valid legal document were completed.

Leaving such a testamentary document raises important questions. Did the deceased approve of the contents of what is a draft will, and so intended it to be their last will –  but simply didn’t get around to executing it according to the legal formalities? Or were they unsure and wanted alterations?  Can an unsigned will, that is an unexecuted will, or informal will, as lawyers often call them, even be admitted to probate by the Court? The Court’s dispensing powers are discretionary – it depends on the circumstances in each case.

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Getting married – does it affect a previously made will?

Under Australian succession law, marriage generally cancels an existing will, subject to some exceptions.

MarriageGetting married is an important life event.  There is a lot to organise, in addition to making arrangements for the wedding ceremony itself.

However, if research on will making in Australia is any guide, the making or updating of existing written instructions as to what is to happen on death following the changed personal circumstances, probably won’t feature highly on the list of things to do.

Yet attending to making a valid will taking into account changed or soon to be changed circumstances is important.  If not, the rules of intestacy would apply on death, and these may not produce the desired outcome.

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Signing and execution of a will – same thing?

Signing and execution mean different things

Signing a document is not the same thing as having to execute it.  We might talk about signing a will but technically, a will is required by law to be executed.  So what does execution mean?

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Why make a will and what can a will do?

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By: B Stead

Why make a will and what can it do?

Dying without leaving a will, or leaving an invalid one, is to die intestate.   Dying intestate means property left (the estate) is distributed according to the intestacy law.  The intestacy law has been prescribed by legislation as the ‘default’ rules to apply in these circumstances. The problem is that the intestacy formula for distribution may not produce the desired outcome.

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Making a valid will – what are the requirements?

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By: B Stead

Leaving a valid will effective under the law

Making a valid will is important to its effectiveness.  The word ‘valid’ in law means to be legally effective and having legal force.Who else needs to sign a will?

A will documents a person’s intentions for what they want to have happen when they die, see What is a will.  It contains their instructions on who is to inherit their property and how, who will administer its disposal and any preferred arrangements for their funeral, .  If their intentions are to be legally effective, and ultimately put into effect, the will needs to be valid and comply with the legal rules.

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