You are here: >> WillsHub-BHS Legal Home >> Property

Property

Home made will – a good idea?

A home made will is one prepared by the willmaker themselves, perhaps using a “will kit” and without 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 a lawyer’s costs are avoided at this step, there is the  potential is …

Home made will – a good idea? Read More »

Time limits apply to contesting a will

time limits, family provision, family provision law, farm, Western Australia, contest a will, 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.

Read more >>.

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.

Pets – making provision for their care by will

pets, cats, wills, WillsHub, provision for petsPets are like family but arrangements may not always be made for what to do with a beloved pet when their owner is no longer around.  It is helpful to executors to consider leaving arrangements on what to do.

A will is a useful way make provision for the care and maintenance of companion animals.  Various options are available, depending on individual circumstances.

Read more >>

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.

Read more >>

Glen Innes Courthouse 1873, NSW

early Australian Courthouses, old Australian Courthouses, Australian legal history

Glen Innes Courthouse, Australian Courthouses, Australian legal history, early Australian courthousesGlen Innes Courthouse 1873 is the design work of James Barnet, built in local stone. The Courthouse is still operational as a local court in New South Wales, and previously a Mining Warden’s Court.  The locality of Glen Innes is of Scottish heritage.

Why make a will and what can a will do?

 

why make a will, make a will, making a will, dying without a will, intestateWhy make a will and what can it do? Dying without leaving a will, or leaving an invalid one, is to die intestate. Dying intestate means property left by the deceased, their estate, is distributed according to the intestacy law. The intestacy law has been prescribed by legislation as the ‘default’ rules to apply in these circumstances. The problem is that the intestacy formula for distribution may not produce the desired outcome.

Read more >>

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.

Read more >>

Tenancy and co-ownership

Co-ownership, joint tenancy, tenants in commonMany people own property with someone else. An important issue to consider upfront are what happens when one of them dies. Who can take their interest, is this what they want and if not, can they make provision for it in their will?

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.

Read more >>

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.