Articles summary list

General

• What is a will
• Who can make a will?
• Make a will – what can a will do and why make one?
• Home made will – a good idea?

Making a valid will, signing and witnessing a will

• Making a valid will – what are the requirements?
• 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?
• Updating a will to avoid unintended outcomes

Intestacy – no will left

• Intestate – when there is no will or an invalid one
• Intestacy rules – who is entitled to inherit?
• When no will is left

Seeing a deceased person’s will

• Who can see the will of a deceased person & can you have a copy?

Other

• Residue of a deceased estate – what is it?
• Can an interpreter benefit under a will?
• “Contrary intention” – in succession law and will-making
• “Gift-over” in a will to a substitute beneficiary
• A family tree can be useful, with or without a will

Amending a will – codicils

• Codicils, amendments & alterations to a will – keep them minor  

Lost or misplaced original wills

• When an original will is lost or misplaced and can’t be located.
• When the deceased’s will seems lost of missing – where to enquire?
• Missing or lost original will – can a copy be used?

Probate

• Probate – a grant of probate – what is probate?
• Renouncing probate – when an executor does not wish to act
• Who can oppose a grant of probate?
• Probate litigation costs

Children

• Step-grandchildren described as “descendants” and “children”- can they inherit?
• Stepchild contesting a step-parent’s will – Queensland
• Illegitimate children, ex-nuptial children – can they inherit?
• Estranged child left out of a will – claiming family provision
• Issue and children in wills – say what you mean
• Issue and children – some issues with words
• “My issue” – considering the meaning of issue in wills

Fur-children – beloved pets

• Pets – making provision for their care in a will
• Pet Profile Template – download (WORD, DOCX 20KB)

Contesting and challenging a will

• 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?
• Early inheritance and family provision
• Testamentary freedom in Australian law and family provision claims

Property – ownership and tenancy

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

Relationships

• Contemplating marriage and making a will
• Getting married – does it affect a previously made will?

Distribution of a deceased estate

• Per stirpes, per capita and deceased estate distribution
• Distribution problems for executors when relatives cannot be located

Mistakes and rectifying a will after death

• Rectifying a will – discovering a mistake in a will after death
• A mistake found in the will – can it be fixed or rectified?

Farm inheritance and succession

• Meaning of words in a will – resolving differences in a farmland context.

Storing testamentary documents

• Storing a will

Power of attorney

• Enduring power of attorney – some considerations

Taxation

• Youth allowance, super death benefits & tax
• Frequent flyer points – do they pass away with us?

B Stead, updated 28 September 2020
BHS Legal

© BHS Legal

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Image: Former Berry Courthouse, Berry, New South Wales, B Stead.