“Contrary intention” in succession law and will-making

Broken Hill Courthouse - Coat of Arms, early Australian courthouses, Australian legal history, Australian Colonial courthouses,contrary intention

Contrary intention are words used in Australian succession legislation on wills and the administration of deceased estates. Some examples are given below of the range of matters where the law allows for a willmaker to express a contrary intention in their will to the statutory rule.

Where a provision of succession legislation contains these words, it means that the statutory rule can be displaced, that is not apply in the administration of their estate, if a willmaker has expressed a different intention on the matter in their will as to what they want to have happen.  A contrary intention may be expressed in a will or appear in a will.


Step-grandchildren described as “descendants” and “children”- can they inherit?

Step-grandchildren, will-making, descendants, childrenSome grandparents like to leave something to their grandchildren in their will.  If they have step-grandchildren as well, as is increasingly likely these days, are they to be included in the will too?

If grandparents intend step-grandchildren in their extended family to benefit under their will, then to assist their executors for the efficient administration of their estate, it would be helpful if they could make that clear in their will, as a recent New South Wales case has highlighted.


Issue and children – some issues with words

We make a will so as to provide for our loved ones; to be able to choose who will inherit our property.  But writing down our intentions so that they are clear and unambiguous for others when we are no longer around, is not easy.   For example take the words “issue” and “children”. The word “issue” is a legal term meaning all of a person’s descendants; not just their children.