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?
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.
Why sever a joint tenancy? Severing a joint tenancy is relevant to joint co-owners passing on their property interests to their chosen descendants. Owning property with others in co-ownership can be either as joint tenants or tenants in common. The consequences of who inherits a co-owner’s share on death are different. It is important to …
Murrumburrah is a town adjacent to the town of Harden, southern New South Wales. The former Courthouse located in Murrumburrah is now used for community activities. The first courthouse building was constructed on the site in 1880.
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.
If you die without leaving a will you are said to die “intestate”. In the absence of instructions left in a valid will, who will inherit your property? Succession law contains strict rules to deal with this problem.
Pets 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.
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.
Glen 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 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.
Joint tenancy and tenancy in common are ways of co-owning property with others. Inheritance is independent of a will with one, but not under the other.
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.
Per stirpes (Latin, meaning by the stock) and per capita (by the head) are ways in which a person’s estate can be distributed among their descendants. They are terms referring to the different ways of distributing property among a group or class of people.
Many 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?
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.
With 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.