Contesting a will – time limits on making an application

Time limits to contest a will

Time limits under succession law on family provision limit when you can contest a will.  Most states and territories family provision legislation provide for some time limit, often the period is six months but it can vary. time limits, family provision, family provision law, farm, Western Australia, contest a will,

The time period might start from the date of death or from when probate is granted.  If you are thinking of challenging a deceased person’s will, and you are an eligible person under the law, it is important to be mindful of the time limit.  To find out when see the legislation on family provision or testator’s family maintenance in this table, or consult a local solicitor.

But what if the time period has passed? Most legislation provides the Court with a discretion to extend the time within which to make an application, but it is not automatic and the Court’s permission to file must be sought first. Legal assistance is essential.

More

Severing a joint tenancy unilaterally

joint tenants, tenancy, death, severing a joint tenancy, co-ownership, dies, inheritance, succession, WillsHub
Many couples own their home together as joint tenants under a joint tenancy.  Under a joint tenancy an important legal consequence to remember with this type of property co-ownership is the legal right of survivorship.

The right of survivorship means that when the first owner dies, their interest in the property is automatically absorbed so that the surviving owner now owns the whole property, see graphic. This is due to the operation of law and is independent of a will.

When the survivor dies, the property then passes according to their will, or if no will left, according to the intestacy rules. For people co-owning property as joint tenants, it is therefore important to review their situations and wills on a regular basis to ensure outcomes on death are what is wanted.

More

Intestacy rules – who is entitled to inherit?

Featured

Dying without a will (intestate) – who inherits?

Intestacy is when you die without leaving a will.  You are said to have died “intestate”.  In the absence of  instructions left in a valid will, who will inherit your property?  Succession law contains strict rules to deal with this problem.

This is an outline of the application of the intestacy rules. They specify the order of entitlement as to who inherits and in what proportion, as well as the provision of a sum of money (statutory legacy) for the spouse or partner.   More

Pets – making provision for their care by will

Pets are family – arranging care for them when their carer dies

Pets in wills, cats, dogs, wills, provision for animals, WillsHub

Who will look after me?

Cats, dogs and other pets are really family.  So making arrangements for their welfare when their owner dies is worth doing to help relieve others of difficult decision making at a stressful time.

While the matter can be discussed and arranged informally among family or friends, this approach may not be for everyone.  Alternatively a will is a useful and practical way to leave instructions for what you would like done with your much loved pets.

More

Update a will to avoid unintended outcomes

Featured

By B Stead

Why update a will?

Updating a will might seem a troublesome chore, but circumstances can change from the time it was made.  The changes might produce unintended and unwanted outcomes in the event of death.  Therefore reviewing a will is important to keep its contents in line with intentions.

Regularly reviewing your will every few years or so, in light of changes in your life, is worth doing, as life events and matters such as those outlined below can affect a will.  Everyone’s situation is different so in all cases seek professional legal advice from a solicitor providing services in this area.

More

Why make a will and what can a will do?

Featured

By: B Stead

Why make a will and what can it do?

Dying without leaving a will, or leaving an invalid one, is to die intestate.   Dying intestate means property left (the estate) is distributed according to the intestacy law.  The intestacy law has been prescribed by legislation as the ‘default’ rules to apply in these circumstances. The problem is that the intestacy formula for distribution may not produce the desired outcome.

More

Joint tenancy or tenancy in common – considerations for inheritance and will-making

Joint tenancy and tenancy in common give different outcomes when an owner dies

Joint tenancy and tenancy in common are ways of owning property with others. Each works differently when an owner dies, see graphic below.  This impacts who will inherit the deceased owner’s share.  These graphics seek to highlight how each tenancy works.

In a joint tenancy, when one owner dies, the surviving one automatically owns the whole property.  This happens independently of any will (and probate) because of the right of survivorship attaching to this tenancy type.

More

Co-ownership & tenancy: jointly owned or in common?

Co-ownership, joint tenancy, tenants in commonMany people own property with another person in a co-ownership arrangement.  Spouses or partners typically own their residence together in joint names, family members; or  friends may own a property together for investment.

An important issue to consider upfront when buying property are the consequences of when a co-owner dies. How the property is owned between people, that is, its tenancy, can give very different outcomes on death.  Ideally these should be considered at the time of purchase.

Questions to ask include who can take a co-owner’s interest when they die?  Would this be what they want to have happen?  If not, can they state their intention in their will? Or is the property owned in a way that on death the interest automatically passes to the survivor/s outside of a will, as in joint tenancy?  This article looks at tenancy issues.  More

When disposing property by will check the ownership – what can and can’t be disposed of by will

Disposing property – what can be disposed of by a will and what can’t – property ownership and control issues

disposing property by will, what property can be disposed of by will, Property ownership, will making, company shares, units, trust,Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below.  As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).

Other property may be owned in the name of a company or trust.  In these entities an individual may have control through shareholdings or a power of appointment.  When it comes to making a will, it is important to remember that such assets won’t form part of a person’s deceased estate and therefore cannot be disposed by their will.  See the table below for examples of what are estate (disposable by will) and non-estate assets. Making a list of property, money and things to be disposed of and who owns what is important. More