What is the legal meaning of issue, remoter issue and similar terms in wills? Does it mean children? Are all descendants entitled to inherit in the same way?
Sometimes a clerical error or some other aspect about a deceased’s will means that practically speaking what the deceased intended doesn’t work out. Fortunately all is not lost. Succession legislation provisions give the Court a power to rectify the will to give effect to the deceased’s intentions if the Court is satisfied beyond reasonable doubt that the will does not. An application to the Court for a rectification order must be made within twelve months in NSW. An extension of time may be possible in special circumstances and if the estate has not been distributed. For an application to succeed there must be clear and convincing proof.
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 >>