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“Issue children” – some issues with words

 

 

issue, meaning of issue, legal meaning of issue, issue and children, children, wills, will,

The word “issue” is a legal term meaning all of a person’s descendants; not just their children. It is easy to overlook this and the potential unwanted consequences for what is intended, if not used correctly when working out wording in a will.

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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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Nieces and nephews – leaving them an inheritance by your will

 

Nieces and nephews in wills, nieces and nephews, whole blood, half blood, ancestors, common ancestor Who our ‘nieces and nephews’ are, if we have them, may seem so obvious as to not need mentioning, after all it is all in the family and identifying them should not be a problem.

 

Leaving a gift to be divided among “nieces and nephews” by will then, should be a simple matter. Not always, as circumstances and relationships may change from the time a will is made to the date of death.

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Probate and a grant of probate – what is probate?

probateProbate is the official process to establish or prove, whether a deceased person’s will or testamentary document is valid and intended to be their last will.

A grant of probate is the document issued by the Court of Probate after completion of an examination process. A type of grant of representation, it is an order of the Court certifying that the executor (or personal representative) named in the document is lawfully authorised to administer the estate of the deceased person. It is also official recognition that the will (which may include codicils) was proved to be valid by the Court and intended to be their last will. This article is about probate, which only applies when a will was left.

Family provision – who is eligible to claim from a deceased estate?

family provision, eligibile person, will, deceased estate, challenge a will, contest a will, In succession law the court has discretionary power under family provision legislation to order provision from a deceased person’s estate to “eligible” applicants and in certain circumstances. It is not automatic.

The legal rules were introduced to remedy situations where willmakers failed to leave adequate provision for close family and certain other dependents as defined. It is not for second bites at the cherry. The court has wide power in deciding who pays costs of proceedings.

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Residue of a deceased estate, the residuary estate – what is it?

residue, deceased estate, wills, making a will, administration, probate The residue of a deceased person’s estate is basically what is left over after the payment all costs in connection with the estate. That is, payment of funeral expenses, costs incurred in the administration of the estate, payment of the deceased’s debts, discharge of any liabilities and the distribution of any specific gifts made under the will.

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.

Can an interpreter benefit under a will?

interpreting, wills, translating, translator, probate, deceased estate,Non-English speaking people or people who don’t have English as a first language may need the services of an interpreter or translator to help them understand in their language aspects of the will-making process.

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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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Pets – making provision for their care by will

pets, cats, wills, WillsHub, provision for petsPets are 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.

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Enduring power of attorney – some considerations

To permit another person to look after your finances, money and property if you become mentally incapacitated may be done by authorising them with the power to do so under an enduring power of attorney document. This arrangement is lasting unless cancelled, before losing capacity. It is important to consider the effects of this document, what it can do and who you want to give the power to.

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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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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