Will-making


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

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

A “contrary intention”

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

Family trees

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

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

Who can make a will?

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

What is a will?

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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

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Can we pass on our frequent flyer points?

Requirements for a valid will?

There are fou requirements for making a valid will .

Execution of a will

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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

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

Pet records

A template to download and complete with your pet details.

“Issue & Children”

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‘Issue’ is a legal term easily misconstrued.

Residue

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

Illegitimate Children

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Can illegitimate or ex-nuptial children inherit?

Step-grandchildren

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

Tenancy

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Owning property with others. What happens when one dies?

Severing a joint tenancy

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

Personal items

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

Marriage

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 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

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