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“Gift over” in a will to a substitute beneficiary

gift over, substitute beneficiary, making a will, gifts in a will, wills, deceased estate, will making, beneficiary dies,
An outline of a how a gift over works in a will. A gift over in a will is when the person designated to receive it has died, the gift then passes over to a substitute person, if so named to take.The substitute beneficiary only inherits if the main beneficiary has already died, not survived the deceased or died before attaining a vested interest.

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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.

 

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Stepchild contesting a step-parent’s will – Queensland

stepchild, willshub, step-parent, family provision, 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.

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Signing the wrong will by mistake

mistakenly wrong will, signing a will, mirror wills, reciprocal wills, mistake, error, will-making Finding a mistake or error in the will of the deceased can cause extra difficulties in sorting it out.  Many couples wish to leave their estates to each other when they die, and then to their children.  They usually nominate the same people to act as their executors and trustees, typically each other,  and one or more of their children may be appointed as substitutes.

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Probate and a grant of probate – what is probate?

probate

Probate is the official process to establish or prove, whether a deceased person’s will or testamentary document is valid and intended to be their last will.

A grant of probate is the document issued by the Court of Probate after completion of an examination process. A type of grant of representation, it is an order of the Court certifying that the executor (or personal representative) named in the document is lawfully authorised to administer the estate of the deceased person. It is also official recognition that the will (which may include codicils) was proved to be valid by the Court and intended to be their last will. This article is about probate, which only applies when a will was left.

Family provision – who is eligible to claim from a deceased estate?

family provision, eligibile person, will, deceased estate, challenge a will, contest a will, In succession law the court has discretionary power under family provision legislation to order provision from a deceased person’s estate to “eligible” applicants and in certain circumstances. It is not automatic.

The legal rules were introduced to remedy situations where willmakers failed to leave adequate provision for close family and certain other dependents as defined. It is not for second bites at the cherry. The court has wide power in deciding who pays costs of proceedings.

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Residue of a deceased estate – what is it?

residue, deceased estate, wills, making a will, administration, probate The residue of a deceased person’s estate is basically what is left over after the payment all costs in connection with the estate. That is, payment of funeral expenses, costs incurred in the administration of the estate, payment of the deceased’s debts, discharge of any liabilities and the distribution of any specific gifts made under the will.

Updating a will to avoid unintended outcomes

 

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.

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Gortyn laws – ancient inheritance laws etched in stone

Gortyn, Crete, Greece, Gortyn Law inscriptions, stone

Inheritance and intergenerational transfer of property has concerned families and civilisations for centuries.  Inheritance laws of the ancient city of Gortyn (Gortys), Crete were inscribed on stone in a public place in the fifth century.  The Law Code of Gortyn is a written set of rules prescribing who inherits, among other private matters, so as to keep property in the male side of family.

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What is a will?

A will is a testamentary document, often referred to by lawyers as an ‘instrument’, setting out what a person intends to have happen to their property, (real and personal), and other matters, when they die.

It is the legal way to record a person’s instructions and wishes on how they want their property distributed on the event of their death, and who is to responsible for carrying out those wishes.

Because it is to take effect only on death, a will is referred to as being ‘testamentary’.

A testamentary document or instrument is one which its writer intends, at the time of writing it, to come into effect when they die, and not before. It is where a person sets out their intentions for the distribution of their property when they die.

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Dying intestate – when there is no will left or an invalid one

intestate, no will, will-making, make a willIntestate means dying without a will. But sometimes even if a person has left a will there may be a partial intestacy. This is when the will does not effectively dispose of all of their property. If that happens the identified property falls into the residue of the estate and distributed according to what the person’s will states about disposal of the residue, and if silent, then according to the statutory intestacy rules.

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Issue and children in wills

 

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”.

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When disposing property by will check the ownership – what can and can’t be disposed of by will

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

Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below. As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).

Among the first considerations in making a will is considering what we own. Only property owned personally can form a deceased estate and be disposed of by will, but it is easy to overlook that property thought of as ‘ours’, is legally in another name. It pays to check who owns what, that which is not in your own name, is not yours to give by will.

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Frequent flyer points – do they pass away with us?

IMG_4056-plane-resizedWith cheap air fares and so much air travel these days, what happens to our frequent flyer points when we die? Can they be transferred? Generally no, but there are some variations, check your program’s terms and conditions to be sure.