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

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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

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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

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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.



Making a will

 


No will – intestacy

 

Dying intestate

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

When no will is left

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If you die without leaving a valid will you are said to have died intestate.

Intestacy rules

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


Succession Law

Succession law contains the legal rules and principles 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.