Updated 28 September 2020
- 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 & witnessing
- 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 will
- 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
- 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?
- Missing or lost original will – can a copy be used?
- 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
- 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 – pets
Contesting 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 & 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
- Per stirpes, per capita and deceased estate distribution
- Distribution problems for executors when relatives cannot be located
Mistakes & Rectifying a will
- Rectifying a will – discovering a mistake in a will after death
- A mistake found in the will – can it be fixed or rectified?
Storing testamentary documents
Power of attorney
B Stead, updated 28 September 2020
© BHS Legal
Important notice: This article is intended for general interest and information only. It is not legal advice and nor should it be used as such. Always consult a legal practitioner 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.