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Early inheritance issues and family provision

sandstone carving, Parkes Courthouse, New South Wales, An early inheritance of a mortgage-free home was given to the younger daughter at the time of her marriage. It was well understood by all family members at the time that the other older daughter would receive her inheritance when the last parent died. However things didn’t go to plan.

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Renouncing probate – when an executor does not wish to act

renouncing probate, right of probate, right to renounce, renouncing executorship, executor, There is no requirement that an executor must accept the executorship role, even if it was agreed to do so. But relinquishing executorship should be done as soon as practical if you don’t wish to act and have not dealt with the estate, (intermeddle). You can resign your appointment as executor by renouncing your right to probate of the deceased’s will, that is you renounce probate.

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Codicil to a will – making minor changes to a will

Sydney Harbour SunsetA codicil is a short additional document, typically one or two pages, used to make a minor alteration to an existing will. Both the will and the codicil documents together form the “will” of the person.  To be legally valid the codicil document must be signed and executed in front of witnesses in the same way as for a will. 

A codicil is a convenient way to change an executor or trustee named in a will.  For example in a situation where someone appointed as an executor has died a codicil can be used to replace them with someone else who is willing to act when the time comes. Read more.

Storing a will – ensure it is safe and secure

storing a will, will storage, safe custody for a will, willmaking, deceased estate, Wills are important private and confidential documents. An original will should be stored in a safe and secure place after being signed and witnessed. Once all the formalities have been completed and it has been copied, the original will then needs to be kept in a safe and secure place.

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Glen Innes Courthouse 1873, NSW

Glen Innes Courthouse, Australian Courthouses, Australian legal history, early Australian courthousesGlen Innes Courthouse 1873 is the design work of James Barnet, built in local stone. The Courthouse is still operational as a local court in New South Wales, and previously a Mining Warden’s Court.  The locality of Glen Innes is of Scottish heritage.

Who can see the will of a deceased person & can you obtain a copy?

 

wills, probate, deceased estate, copy of someone's will, To see the contents of a deceased person’s will can be difficult. But in some states if you know who has the will, a copy, or other testamentary document, the law requires them to allow certain categories of people who are entitled under the law, to have access. If you are within one of these categories you are entitled to inspect or see the will; and obtain a copy of it. Copying is at your expense, but the costs must be reasonable.

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When disposing property by will check the ownership – what can and can’t be disposed of by will

Property ownership, will making, company shares, units, trust,Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below. As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).

Among the first considerations in making a will is considering what we own. Only property owned personally can form a deceased estate and be disposed of by will, but it is easy to overlook that property thought of as ‘ours’, is legally in another name. It pays to check who owns what, that which is not in your own name, is not yours to give by will.

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Gundagai Courthouse, c1861, Gundagai, New South Wales

Gundagai-sideGundagai is a country town on the Murrumbidgee River in southern NSW. Famous for its statue of a dog sitting on a tuckerbox, immortalised in a song, Gundagai has a long history of settlement. The Gundagai Courthouse occupies an elevated position above the main street, affording it a commanding view over the township and the surrounding picturesque river valley.