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Articles on will-making. Things to consider when preparing and planning ahead.

In the will-making process there are a number of issues to consider according to your circumstances. Care is needed since a will is central to formulating an effective estate plan. The Law Society of new South Wales has produced a short overview of the importance of making a will here.

Updating a will

Stone balcony over an arched doorway with ornate carving.

Life changes such as a relationship change, birth or death require revision of a will.

A “contrary intention”

Broken Hill Courthouse, New South Wales.

The law permits flexibility for will-makers in many instances providing they make their intentions clear.

Family trees

Large pine tree with numerous branches.

Constructing a family tree is a helpful tool in will-making and estate planning.

Interpreters

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Interpreters and translators providing services to non-English speaking willmakers.

Leaving an unsigned will

Example of a will signing form or jurat with a red question mark stamp on top to raise the question of what happens if you don't execute your will.

If something happens and you don’t get around to signing your will according to law – what happens?

Who can make a will?

who can make a will, will making

The law provides for adults to make a will providing they have the required capacity. Also minors in some circumstances.

What is a will?

what is a will, will making, beneficiaries, executors, property,

A will is a legal document in which you say what you want done with your property when you die. It is central to your estate plan.

Frequent Flyer Points

Frequent flyer points, pass away, death, deceased

Can we pass on our frequent flyer points?

Requirements for a valid will?

Stone columns on the Supreme Court of South Australia, Victoria Square, Adelaide.

There are fou requirements for making a valid will .

Execution of a will

signing a will, mirror wills, reciprocal wills, mistake, error, will-making

Are signing a will and execution of a will the same thing?

Contemplating marriage

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A will can be made in teas contemplation of marriage.

Check ownership

Property ownership, will making, company shares, units, trust,

Care is needed when considering what you can dispose of in your will.

Storing a will

storing a will, will-making, deceased estate

Having gone through the process of making a valid will ensure it is securely stored.

Pet records

Small honey coloured dog.

A template to download and complete with your pet details.

“Issue & Children”

issue, children, grandchildren, offspring

‘Issue’ is a legal term easily misconstrued.

Residue

Small light aircraft at dawn.

What might the ‘residue’ refer to in will-making?

Illegitimate Children

will-making and illegitimate children, ex-nuptial children, contest a will, challenge a will, inheritance, inherit

Can illegitimate or ex-nuptial children inherit?

Step-grandchildren

Step-grandchildren, will-making, descendants, children

Making the meaning of ‘descendants’ and ‘grandchildren’ clear in a will.

Tenancy

will-making, joint tenancy, ownership of property

Owning property with others. What happens when one dies?

Severing a joint tenancy

joint tenants, tenancy, death, co-ownership, dies, inheritance, succession, WillsHub

The survivor takes all when a co-owner dies under a joint tenancy. Is that the desired outcome?

Personal items

Collection of personal items, watches, pearls and a wallet.

Personal items, chattels and items of sentimental and monetary value.

Marriage

Cartoon figures of a bride and bridegroom.

Marriage cancels an existing will – unless you have made a will in contemplation of your marriage.

Important notice: This article is intended for general interest and information only. It contains general information and is not specific to anyone’s personal circumstances. It is not legal advice nor should it be used as such. Always consult a legal practitioner for specialist legal advice specific to your needs and circumstances and rely upon that. While every effort is made to ensure accuracy at the time of writing applicable laws may change.

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