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Wills, estates and succession law in Australia

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Getting married – does it affect a previously made will?

Marriage affects the legality of a previously made will.

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?

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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.

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Justice Connect is a registered charity connecting people with legal help.

Find a lawyer near you by searching the register of legal practitioners kept by the law society in your state/territory.

Podcasts

Lawfully Explained is a podcast produced by the Law Society of New South Wales with other Australian law societies. Commonly asked legal questions are explained in an understandable jargon-free way with helpful tips on using and finding the right lawyer.On LiSTNR, Apple Podcasts and Spotify.

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Find a lawyer – Australian Law Societies

Public Trustees

Justice of the Peace (JP)

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?

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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Historic Courthouses

View a gallery of historic Australian courthouses and a list of articles on selected courthouses.

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In the spirit of reconciliation 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.

WillsHub.com.au has been selected for preservation by the National Library of Australia for the Trove Collection of the Australian Web Archive and PANDORA Archive.

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.

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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.

Succession legislation is state/territory made law. It is similar across the jurisdictions in many respects but differences can exist. Readers should seek their own professional advice specific to their circumstances and rely on that. Please read the Terms of Use.

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