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Home made will – a good idea?

A home made will is one prepared by the willmaker themselves.  Maybe using a “will kit” or something found online or a digital recording.  However made a home-made will is composed without the services of a lawyer and the benefit of individual legal advice.  This may seem an economical and convenient approach to will-making.  While […]

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“Contrary intention” in succession law and will-making

Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.

Broken Hill Courthouse - Coat of Arms, early Australian courthouses, Australian legal history, Australian Colonial courthouses,Many provisions in state and territory legislation on succession and wills allow for a willmaker to express a contrary intention in their will to override 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.

 

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Meaning of stepchild when contesting a will

storm clouds for stepchild, family provision, testator's family maintenance,

 

A stepchild’s eligibility under the statutory rules for seeking provision from a step-parent’s deceased estate can be difficult.

In a Victorian case1 the executor of a deceased estate applied to the Supreme Court to have a claim for family provision dismissed.

The claim was brought by the adult daughter of the deceased’s former domestic partner, who had died some years before. She had been left out of his will, despite assurances and promises to the contrary. The deceased had left everything to his new domestic partner.

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Stepchild contesting a step-parent’s will – Queensland

stepchild, willshub, step-parent, family provision, In a Queensland case a stepchild was left out of the will of a step-parent. He subsequently sought provision from his step-mother’s estate. She had no natural children of her own. Her husband, the applicant’s father, had pre-deceased her. The applicant was her only step-child. In another situation a claim was brought by seven step-children for adequate provision out of their deceased stepmother’s estate.

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Probate litigation costs

Court costs, probate litigationIncreasingly, it is not always automatic that costs of challenging a will for more provision will be paid out of the deceased’s estate. Courts may take into account the conduct of the litigants towards each other in regard to their efforts in resolving their differences before hearing.

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Personal possessions – interpreting their meaning and entitlements

personal items, chattels, personal chattels, deceased estate, personal possessions, will making,

personal items, belongings or effects and similar expressions are often used by willmakers to leave instructions on what they want done with such things after they die.  Those responsible with this are the people the willmaker has personally appointed and named in their will to represent them, their personal representatives or legal personal representatives. 

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