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You are here: >> Home >> Bungendore Courthouse (former)

Bungendore Courthouse (former)

Bungendore Courthouse (former) 1864, New South Wales

About Wills

What is a will?
Who can make a will?
Making a valid will
Why make a will?
What can be given by will?
Witnessing a will
Storing a will
No will left – what happens?

Why have a will?

To ensure your property and things are distributed how you wish, when you die, it is essential to make a valid will. While the law does not require you to consult a lawyer, it is a good idea to make a will all the same.

Making a valid will

Requirements
Signing & execution.
Witnesses.
Unsigned wills.
Signing the wrong will.
Why update a will.

Meaning of “issue”

"Issue" is a legal term meaning all descendants.

Distribution per stirpes

Per stirpes is one of two ways of distributing a deceased person's property to their descendants.

Distribution per capita

Per capita is a way of distributing a property to descendants.

Co-owning property

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Most viewed

Who can see the will of a deceased person & can you obtain a copy?
Issue and children in wills
Renouncing probate: when an executor resigns
Signing a will, having it witnessed & witnesses
Codicil to a will - making minor changes

About Wills

What is a will?
Who can make a will?
Making a valid will
Why make a will?
What can be given by will?
Witnessing a will
Storing a will
No will left – what happens?

Codicil

A codicil is a short document added to an existing will to make a small change to that will.

Being an executor

See an overview of being an executor by the the Law Society of New South Wales here.

Executor resigning

Appointed executor but don't wish to act? You can resign or renounce the role providing you have not intermeddled in the estate.

To renounce your executorship you need to complete a court form (in most states/territories). Court forms can be downloaded from the Probate Registry of the Supreme Court in your state or territory in most cases.

After completing the form you then lodge it in the Court. Note that Registry staff cannot give legal advice. If you need assistance consult a solicitor, find links here.

Executor & Trustee Services

If you are seeking providers of executor and/or trustee Services see this page.

Probate Courts

ACT Supreme Court – Probate
Courts SA-Probate Registry
Queensland Wills & Probate
Supreme Court NT – Wills & Probate
Supreme Court of NSW-Probate
Tasmania Supreme Court – Probate
Wills & Probate – Supreme Court of WA
Wills & Probate – Victoria

Find a lawyer & referral services

NSW –NSW Law Society
VIC – Law Institute Victoria
QLD – Queensland Law Society
SA – Law Society of SA
TAS – Law Society of Tasmania
WA – WA Law Society
NT – Legal Referral Service-NT Law Society
ACT – ACT Law Society
AUST – Society of Trust and Estate Practitioners (STEP)

Elder Abuse

QLD - Elder Abuse Prevention Unit
NSW - Elder Abuse Helpline
Seniors Rights Service
VIC - Seniors Rights Victoria
SA - Aged Rights Advocacy Service
TAS - Elder Abuse Helpline
WA - Elder Abuse Helpline
ACT - Elder Abuse Prevention
NT - COTA for Senior Territorians

NSW & VIC - Health Justice Connect Partnerships where the law and health work together on elder abuse.

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Author

Articles are written by lawyer Bronwyn Stead, principal of BHS Legal, admitted in the Supreme Court of New South Wales and in the High Court of Australia, member of the NSW Law Society and The Tax Institute, and formerly a medical research scientist.

Important Notice

WillsHub is about Australian succession and inheritance law. It is intended for general information and interest only.
It is not legal advice nor should it be relied upon as such. Everyone's situation is unique to them, despite any apparent similarities with others.
Readers should be aware that succession legislation is state/territory made law. While similar across the jurisdictions in many respects differences can exist.
Readers should seek their own professional advice specific to their circumstances and rely on that.

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Acknowledgement of Country

BHS Legal acknowledges the Traditional Custodians of country throughout Australia; their ongoing spiritual connection to this ancient land and pays respects to elders past, present and future.

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