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Home made will – a good idea?

A home made will is one prepared by the willmaker themselves, perhaps using a “will kit” and without without the services of a lawyer and the benefit of individual legal advice. This may seem an economical and convenient approach to will-making.  While a lawyer’s costs are avoided at this step, there is the  potential is …

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Testamentary freedom and family provision in Australia

testamentary freedom in Australia, freedom of testation, family law,

Testamentary freedom is being free to dispose of your property how and to whom you wish. One Supreme Court judge said that this freedom of testamentary disposition is a “prominent feature of the Australian legal system. Its significance is both practical and symbolic and should not be underestimated.”1

Of course like all freedoms it should be used reasonably.

Contemplating marriage and making a will

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.

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Time limits apply to contesting a will

time limits, family provision, family provision law, farm, Western Australia, contest a will, Time limits apply under family provision law within which to contest or challenge a will. If this time has passed it is possible to apply to the Court for an extension, but whether it is granted will depend on the circumstances. In this case the application was unsuccessful, being some years out of time.

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“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.

 

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Risks

“The range of “risks” to which a will maker, his or her property, interested parties or members of the legal profession may be subject is probably infinite in its dimensions.  Risk cannot be eliminated from life, or, it seems, from death.“ The Hon Justice Lindsay, Equity Division, Supreme Court of New South Wales, Seminar presentation …

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Meaning of stepchild when contesting a will

stepchild, family provision, testator's family maintenance,

A stepchild’s eligibility under the statutory rules for seeking provision from a step-parent’s deceased estate can be difficult.

In a Victorian case1 the executor of a deceased estate applied to the Supreme Court to have a claim for family provision dismissed.

<>The claim was brought by the adult daughter of the deceased’s former domestic partner, who had died some years before. She had been left out of his will, despite assurances and promises to the contrary. The deceased had left everything to his new domestic partner.

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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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Signing the wrong will by mistake

mistakenly wrong will, signing a will, mirror wills, reciprocal wills, mistake, error, will-making Finding a mistake or error in the will of the deceased can cause extra difficulties in sorting it out.  Many couples wish to leave their estates to each other when they die, and then to their children.  They usually nominate the same people to act as their executors and trustees, typically each other,  and one or more of their children may be appointed as substitutes.

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