“Contrary intention” in succession law and will-making

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Contrary intention are words used in Australian succession legislation on wills and the administration of deceased estates. Some examples are given below of the range of matters where the law allows for a willmaker to express a contrary intention in their will to 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.  A contrary intention may be expressed in a will or appear in a will.

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Step-grandchildren described as “descendants” and “children”- can they inherit?

Step-grandchildren, will-making, descendants, childrenSome grandparents like to leave something to their grandchildren in their will.  If they have step-grandchildren as well, as is increasingly likely these days, are they to be included in the will too?

If grandparents intend step-grandchildren in their extended family to benefit under their will, then to assist their executors for the efficient administration of their estate, it would be helpful if they could make that clear in their will, as a recent New South Wales case has highlighted.

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“Issue children” – some issues with words

For more on this topic see: ‘‘My issue” – considering the meaning of issue in wills’ 

 
 
 

“Issue children” was used to describe a class of beneficiaries in a will.  But it wasn’t clear what was intended and ultimately required resolution by the Court.   We make a will so as to provide for our loved ones; to be able to choose who will inherit our property.  But writing down our intentions so that they are clear and unambiguous for others when we are no longer around, is not easy.   For example the words “issue” and “children”. The word “issue” is a legal term meaning all of a person’s descendants; not just their children.  More considerations on its meaning can be read here.

In a recent case a gift in remainder of real estate under a will had to be distributed.1 The will-maker had died in 1948. The two trustees of the estate were the surviving children of the will-maker’s only son, deceased.  Their sister had pre-deceased their father, leaving children of her own.
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