“My issue”: considering the meaning of “issue” in wills
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?
adopted child
Stepchild contesting a step-parent’s will – Queensland
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.
Step-grandchildren described as “descendants” and “children”- can they inherit?
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?
Family provision – who is eligible to claim from a deceased estate?
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.
Who can see the will of a deceased person, and get a copy?
To see the contents of a deceased person’s will can be difficult. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow certain categories of people who are entitled under the law, to have access. If you are within one of these categories you are entitled to inspect or see the will; and obtain a copy of it. Copying is at your expense, but the costs must be reasonable.