WillsHub aspires to draw together legal knowledge and insights on the law on wills, family provision, no will (intestacy), and estate administration; collectively known as succession (inheritance) law. Aiming to increase understanding and demystifying the law. Published by BHS Legal.
Content areas:
- Will-making and estate planning;
- Estate administration;
- Estate disputes;
- When no will was left (dying intestate).
Succession law contains the legal rules, principles and processes regulating the transfer of a person’s property on death to those entitled to inherit. Either by their instructions in a will of if no will (or an incomplete one) by the statutory rules of intestacy.
Taxation of a deceased estate
Tax is always an issue – both when making a will and for afterwards. The death of a loved one is hard enough dealing with the loss. But life goes on and finalising their affairs has to be done. This includes their tax affairs. With working through the tax affairs the Australian Taxation Office (ATO) has information on what to do when someone dies and who can represent their deceased estate.
Will-making >>
Why make a will?
Make a will to state your wishes on who you want to inherit your property and things when you die.
Provide for your pets by will
Record arrangements for the care and provision of your beloved pet in your will.
Signing a will & witnesses
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people as witnesses.
Codicils
To make a minor change to a will, basically one clause use a short additional document; a codicil. For anything more make a new will.
Meaning of issue
“Issue” is a legal term meaning all descendants including children. Care is needed in its use.
Estate administration >>
Missing original will
If the original will document is missing, lost or cannot be found, can a copy be used?
Viewing the deceased’s will
Under the law some people are entitled to inspect the will of a deceased person.
Estate disputes >>
No will left – intestacy
No will was left
Dying without leaving a valid will means you the legal rules on intestacy apply to who inherits.
Intestacy rules
When someone dies without leaving a legally valid will (or testament) they are said to die intestate. Their estate is then administered and distributed according to the law on intestacy.
Historical Australian Courthouses – a gallery in progress
articles here. Additionally a number still continue as working courthouses. Images © B. Stead.