“Gift over” in a will to a substitute beneficiary
A gift over in a will is when the person designated to receive it has died, the gift then passes over to a substitute person, if so named to take.
Beneficiaries
“My issue” – considering the meaning of “issue” in wills
What is the legal meaning of issue, remoter issue and similar terms in wills? Does it mean children? Are all descendants entitled to inherit in the same way? Find our more about this flexible term “issue” here.
Opposing or contesting a grant of probate – who can?
Opposing a grant of probate, or contesting it you need to be able to show that you have a legal interest in the deceased estate.
Early inheritance issues and family provision
An early inheritance of a mortgage-free home was given to the younger daughter at the time of her marriage. It was well understood by all family members at the time that the other older daughter would receive her inheritance when the last parent died. However things didn’t go to plan.
“Contrary intention” in succession law and will-making
Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.
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.
Step-grandchildren described as “descendants” and “children”- can they inherit?
If the words “descendants” and “children” are being used to describe beneficiaries in a will, is it intended by that any step-grandchildren are included?
Personal items or chattels in a deceased estate
Personal things can have great sentimental value, and depending what they are, maybe commercial value.
Personal possessions – interpreting their meaning and entitlements
Leaving gifts of personal possessions seems easy to do – until someone else has to interpret what was meant in the words used in the will.
Nieces and nephews – leaving them an inheritance
Who our ‘nieces and nephews’ are, if we have them, may seem so obvious as to not need mentioning, after all it is all in the family and identifying them should not be a problem. Leaving a gift to be divided among “nieces and nephews” by will then, should be a simple matter. Not always, as circumstances and relationships may change from the time a will is made to the date of death.
Distribution problems for executors when relatives cannot be located
Not everyone lives and works in the community in which they grew up, surrounded by family and friends.
Many leave to pursue opportunities elsewhere, maybe never to return. Family ties may weaken in time, and contact is lost. What if you want to leave them something in your will?