WillsHub is a legal information site on Australian succession law.

WillsHub aspires to draw together legal knowledge and insights on the law on wills, family provision, no will (intestacy), estate administration, taxation and related matters; collectively known as succession law ( inheritance law). It effects all of us. Published by BHS Legal

 

Content is divided into:
Will-making, estate planning
Estate administration
Estate disputes
No will (intestate)

Will-making >>

Why make a will?

valid will, making a valid will, what is a valid will,

Making a will is how you legally record 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

Making minor changes to a will.

Tenancy

Tenancy affects who inherits on death of an owner.

Meaning of issue

issue, children, grandchildren, offspring

“Issue” is a legal term meaning all descendants including children.  Care is needed in its use.

Estate administration >>

 

Renouncing probate

Coat of Arms Supreme Court of NSW, courthouses, Australian courthouse,

There is no requirement that an executor must accept the executorship role.

Missing original will

If the original will document is missing, lost or cannot be found, can a copy be used?

Opposing probate

Opposing a grant of probate is restricted to certain categories of people.

Finding beneficiaries

Locating distant relatives when there is no immediate family – finalising the estate.

Viewing the deceased’s will

Probate courts, Supreme Court of South Australia

Under the law some people are entitled to inspect the will of a deceased person.

Finding missing wills

lost original will, missing will

Where to enquire when the original will seems missing and can’t be found.

Estate disputes >>

Costs in will contests

In family provision claims costs are not always ordered from the estate.

Meaning of stepchild

Dunolly Courthouse, Dunolly, Victoria, colonial Australian courthouses,

Is a stepchild eligible to contest a step-parent’s will?

Time limits to contest a will

Strict time limits apply to apply for family provision.

No will left – intestacy

Dying intestate

intestate, no will, will-making, make a will

Who is entitled to inherit when you die without leaving a valid will?

When no will is left

succession law, wills and estates, estate administration, intestacy, dying without a will

Dying without leaving a valid will means you the legal rules on intestacy apply to who inherits.

Intestacy rules

The law on intestacy contains the legal rules when there is no will.


Succession law

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 they didn’t make a will (or an incomplete one), by the statutory rules of intestacy.