Disposing property – what can be disposed of by a will and what can’t – property ownership and control issues
Only personally owned property may be dealt with by a will.
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).
Other property may be owned in the name of a company or trust. In these entities an individual may have controlthrough shareholdings or a power of appointment. When it comes to making a will, it is important to remember that such assets won’t form part of a person’s deceased estate and therefore cannot be disposed by their will. See the table below for examples of what are estate (disposable by will) and non-estate assets. Making a list of property, money and things to be disposed of and who owns what is important. More →
The former Willunga Courthouse 1855, South Australia
Willunga Courthouse and Police Museum, c1855, Willunga, SouthAustralia.
The Willunga Courthouse nestles in picturesque setting in the almond blossom and wine region of Willunga, see location map below.
In 1854 the Willunga magistrate requested the authorities for improvements to be made to the facilities being used for court proceedings. He felt that in using the local Bush Inn “… it was impossible to maintain the degree of order and decorum required in a court of justice…” More →