Browse published articles:
Browse articles on wills, estates, their administration and succession law in Australia.
- What is a will
- Who can make a will?
- Make a will – what can a will do and why make one?
- Making a valid will – what are the requirements?
- “Contrary intention” – in succession law and will-making
- Residue of a deceased estate – what is it?
- Can an interpreter benefit under a will?
- Witnessing a will – who can & what is required?
- Signing and execution of a will – same thing?
- Signing the wrong will by mistake
- Leaving an unsigned will – second thoughts or last words?
- Codicils, amendments & alterations to a will – keep them minor
- When an original will is lost, missing, misplaced and can’t be located.
- When the deceased’s will seems lost of missing – where to enquire?
- When no will is left
- Probate – a grant of probate – what is probate?
- Renouncing probate – when an executor does not wish to act
- Step-grandchildren described as “descendants” and “children”- can they inherit?
- Stepchild contesting a step-parent’s will – Queensland
- Probate litigation costs
- Family provision – who is eligible to claim from a deceased estate?
- Contesting a will – time limits on making an application
- Court costs when contesting a will for family provision – who pays?
- Illegitimate children, ex-nuptial children – can they inherit?
- Estranged child left out of a will – claiming family provision
- Ownership and will-making – what can and can’t be disposed of by will
- Co-ownership & tenancy: jointly owned or in common?
- Joint tenancy or tenancy in common – considerations for inheritance and will-making
- Severing a joint tenancy unilaterally
- Personal possessions – interpreting their meaning and entitlements
- Personal items in a deceased estate
- Contemplating marriage and making a will
- Per stirpes, per capita and deceased estate distribution
- Issue and children in wills – say what you mean
- Distribution problems for executors when relatives cannot be located
- Rectifying a will – discovering a mistake in a will after death
- A mistake found in the will – can it be fixed or rectified?
- Issue and children – some issues with words
- Meaning of words in a will – resolving differences in a farmland context.
- Pets – making provision for their care in a will
- Updating a will to avoid unintended outcomes
- A family tree can be useful, with or without a will
- Storing a will
- Enduring power of attorney – some considerations
- Who can see the will of a deceased person & can you have a copy?
- Entitlements & expectations
- Youth allowance, super death benefits & tax
- Frequent flyer points – do they pass away with us?
- Getting married – does it affect a previously made will?
History, wills, succession and inheritance
View a list of short historical articles here.
© BHS Legal
Important notice: This article is intended for general interest and information only. It is not legal advice, nor should it be used as a substitute for legal advice. Always consult a legal practitioner and/or other professional for specialist advice specific to your needs and circumstances, and rely on that.
© BHS Legal
© BHS Legal
Image: Former Berry Courthouse, Berry, New South Wales, B Stead.