A home made will is one prepared by the willmaker themselves. Maybe using a “will kit” or something found online or a digital recording. However made a home-made will is composed without the services of a lawyer and the benefit of individual legal advice. This may seem an economical and convenient approach to will-making. While …
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?
In a Queensland case a stepchild was left out of the will of a step-parent. He subsequently sought provision from his step-mother’s estate. She had no natural children of her own. Her husband, the applicant’s father, had pre-deceased her. The applicant was her only step-child. In another situation a claim was brought by seven step-children for adequate provision out of their deceased stepmother’s estate.
Estranged daughter An estranged daughter contested her mother’s will. She and her sister were the only children of the deceased.1 Contesting the will of a parent is highly emotional, stressful and damaging to family relations. As observed by the Supreme Court of New South Wales: The case provides yet another example of the high level …
Estranged child left out of a will – claiming family provision Read More »
If the words “descendants” and “children” are being used to describe beneficiaries in a will, is it intended by that any step-grandchildren are included?
Illegitimate children are those born outside of marriage, or out of wedlock, in older terminology. These days the word “illegitimate” has largely been replaced in law by the term “ex-nuptial” – nuptial referring to marriage. Either way, can an ex-nuptial child inherit from their natural parents? Or contest a natural parent’s will for provision out of their estate? What if no will was left?
Updating a will might seem a troublesome chore, but circumstances can change from the time it was made. The changes might produce unintended and unwanted outcomes in the event of death. Therefore reviewing a will is important to keep its contents in line with intentions. Regularly reviewing your will is important so it reflects your intentions.
Who can make a will to dispose of their property?
To make a will a person must be an adult and have the required mental capacity.
A will made by a minor, being under 18, is generally invalid under State and Territory wills and succession legislation.
Exceptions relate to contemplation of marriage, or altering or cancelling a prior will. If the contemplated marriage does not take place, the will is invalid. The court may authorise a minor to make, alter or cancel a will.