What is the legal meaning of issue, remoter issue and similar terms in wills? Does it mean children? Are all descendants entitled to inherit in the same way? Find our more about this flexible term “issue” here.
Updated 29 November 2020 Testamentary freedom is being free to dispose of your property how and to whom you wish. The freedom of testamentary disposition is, as one Supreme Court judge said a “prominent feature of the Australian legal system. Its significance is both practical and symbolic and should not be underestimated.”1 Of course like …
Time limits apply under family provision law within which to contest or challenge a will. If this time has passed it is possible to apply to the Court for an extension, but whether it is granted will depend on the circumstances. In this case the application was unsuccessful, being some years out of time.
Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.
Many provisions in state and territory legislation on succession and wills allow for a willmaker to express a contrary intention in their will to override the statutory rule. Where a provision of succession legislation contains these words, it means that the statutory rule can be displaced, that is not apply in the administration of their estate, if a willmaker has expressed a different intention on the matter in their will as to what they want to have happen.
Adult children who feel they have not been provided or left out of their parent’s will altogether, may wish to make a claim for provision out of their deceased parent’s estate. Children of a deceased parent are eligible under family provision or testator’s family maintenance legislation to apply to the Court for an order for provision out of their deceased parent’s estate.
To see the contents of a deceased person’s will can be difficult if you are not the executor. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow people who are entitled to have access, to inspect or see the will; and have a copy of it. Copying is at their own expense, but costs must be reasonable.