Normally under Australian succession law marriage cancels a will (that is revokes the will) – unless the will was made in contemplation of marriage. In some states and the ACT testamentary arrangements can be made in contemplation of entering into a registered relationship or partnership.
Sometimes an unsigned will is left in situations where the willmaker, in consultation with lawyers, has been in the process of making a new will, but died before the requirements to make a valid legal document were completed. Why an unsigned will? Leaving such a testamentary document raises important questions. Did the deceased approve of …
Leaving an unsigned will – second thoughts or intended last words? Read More »
Why sever a joint tenancy? Severing a joint tenancy is relevant to joint co-owners passing on their property interests to their chosen descendants. Owning property with others in co-ownership can be either as joint tenants or tenants in common. The consequences of who inherits a co-owner’s share on death are different. It is important to …
Marriage affects the legality of a previously made will.
The legal formalities to make a valid will require the will-maker to sign their will in the presence of at least two people, acting as formal witnesses to the event.
Signing a will in front of witnesses fulfils a protective function. Can anyone witness or attest the signing of a will? And what must they do? Read more >>
Illegitimate children are those born outside of marriage, or out of wedlock, in older terminology. These days the word “illegitimate” has largely been replaced in law by the term “ex-nuptial” – nuptial referring to marriage. Either way, can an ex-nuptial child inherit from their natural parents? Or contest a natural parent’s will for provision out of their estate? What if no will was left?
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.
Updating a will might seem a troublesome chore, but circumstances can change from the time it was made. The changes might produce unintended and unwanted outcomes in the event of death. Therefore reviewing a will is important to keep its contents in line with intentions. Regularly reviewing your will is important so it reflects your intentions.
A family tree outlining close family/next of kin relationships is useful in preparing to make a will, and as a reference in situations of intestacy.
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.