make a will
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event.
Signing a will in front of witnesses fulfils a protective function. Can anyone witness or attest the signing of a will? And what must they do? Read more >>
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.
A family tree outlining close family/next of kin relationships is useful in preparing to make a will, and as a reference in situations of intestacy.
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.
Who can make a will to dispose of their property? Who can make a will? To make a will a person must be an adult and have the required mental capacity.
A will made by a minor, being under 18, is generally invalid under State and Territory wills and succession legislation.
Exceptions relate to contemplation of marriage, or altering or cancelling a prior will. If the contemplated marriage does not take place, the will is invalid. The court may authorise a minor to make, alter or cancel a will.