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“Contrary intention” in succession law and will-making

Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.

Broken Hill Courthouse - Coat of Arms, early Australian courthouses, Australian legal history, Australian Colonial courthouses,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.

“Issue children” – some issues with words

issue, issue children, meaning of issue, legal meaning of issue, issue and children, children, wills, will,The word “issue” is a legal term meaning all of a person’s descendants; not just their children. It is easy to overlook this and the potential unwanted consequences for what is intended, if not used correctly when working out wording in a will.

Per stirpes, per capita and deceased estate distribution

per stirpes, per capita, wills, estates, will-making, inheritance, children, issue, succession law, law, WillsHubbPer stirpes and per capita refer to the ways in which a person’s estate can be distributed among their descendants (issue). The point is to take into account any family who may have predeceased them.
Understanding how per stirpes and per capita work is important both in making a will and for legal representatives interpreting one.

Issue and children in wills – say what you mean

Issue-CLanguage can be confusing. The way that certain words are used in a will may cause difficulties in interpreting what the willmaker actually meant, but unfortunately may not come to light until they have passed away. Two such words are “children” and “issue”.