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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.

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

• 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.

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