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Beneficiaries

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.

“Contrary intention” in succession law and will-making

Image: Coat of Arms, Broken Hill Courthouse, NSW, by B Stead.

Broken Hill Courthouse - Coat of Arms, early Australian courthouses, Australian legal history, Australian Colonial courthouses,Many provisions in state and territory legislation on succession and wills allow for a willmaker to express a contrary intention in their will to override the statutory rule. Where a provision of succession legislation contains these words, it means that the statutory rule can be displaced, that is not apply in the administration of their estate, if a willmaker has expressed a different intention on the matter in their will as to what they want to have happen.

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.

Distribution problems for executors when relatives cannot be located

OverseasNot everyone lives and works in the community in which they grew up, surrounded by family and friends.

Many leave to pursue opportunities elsewhere, maybe never to return. Family ties may weaken in time, and contact is lost. What if you want to leave them something in your will?

Codicil to a will – making minor changes to a will

Sydney Harbour Sunset
A codicil is a short additional document used to make a minor alteration to an existing will. Both the will and the codicil documents together become the “will” of the person expressing what they want done with their property when they die. Changing executors and trustees in the will is one example where a codicil is used.  Main topics: