WillsHub is a legal information site on Australian succession law.
WillsHub is about the law on wills, estates and inheritance in Australia. It seeks to draw together legal information and insights on the law on wills, will-making, family provision, intestacy (no will), and deceased estate administration – collectively known as succession law. Succession law contains the legal rules and principles governing what happens to our property when we die. Published by BHS Legal.
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Renouncing executorship
There is no requirement that an executor must accept the executorship role. But relinquishing it should be done as soon as practical.
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 who act as formal witnesses to the event. Signing a will in front of witnesses fulfils a protective function.
Who can see the will
To see the contents of a deceased person’s will can be difficult if you are not the executor. In some states the law provides for some to view a deceased person’s will, a copy of it or other testamentary document.
Meaning of “issue”
“Issue” is a legal term meaning all descendants including children. It is not limited to just children. However it can be a flexible term. But if using the words “issue” and children in a will it is important to clarify what is intended so as to avoid unintended consequences.
Tenancy
How you own property with another person (tenancy) can affect who inherits it when one of you dies. Things can change from the time of purchase. Severing a joint tenancy may be required.
Making a will
No will – intestacy
