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Contemplating marriage and making a will

Normally under Australian succession law marriage cancels a will (that is revokes the will) – unless the will was made in contemplation of marriage. In some states and the ACT testamentary arrangements can be made in contemplation of entering into a registered relationship or partnership.

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Updating a will to avoid unintended outcomes

 

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.

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Making a valid will – what are the requirements?

Leaving a legally valid will is important for it to be effective. A will documents a person’s intentions for what they want to have happen when they die. To make a legally valid will means complying with all the prescribed legal requirements. Making a valid will according to law is important to its effectiveness. Who else needs to sign a will?

A will documents a person’s intentions for what they want to have happen when they die, see What is a will. It contains their instructions on who is to inherit their property and how, who will administer its disposal and any preferred arrangements for their funeral. If their intentions are to be legally effective, and ultimately put into effect, the will needs to be valid and comply with the legal rules.

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Who can make a will?

 

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.

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