Sometimes, even a well drafted Will can raise questions when it comes to administering the estate in terms of how a particular clause of the Will should be applied. It may be that the intentions of the person whose Will it is, cannot be properly ascertained from the words that have been used. Perhaps it … Read more
In order to make a valid Will, you must be over the age of 18 and have what is known in legal terms as testamentary capacity. What is testamentary capacity? At a high level, the legal test for testamentary capacity, requires you to: understand the nature and effect of making a Will; and be aware … Read more
Having gone through the process of completing your Will, a very important consideration is where you store it. Most law firms who prepare your Will offer to store it for you, and recommend that a copy be kept with your important documentation so that your executors know who to contact when the time comes. You … Read more
What if there is a problem with a Will and when can it be admitted to probate as an informal Will? Sometimes, despite the best of intentions, what you may believe to be your Will has not been executed in accordance with the legal requirements that enable it to be legally valid. In certain circumstances, … Read more
One of the questions we are often presented with, as Wills & Estates practitioners, is how will my executor know that I’ve prepared a Will, and where to find it? Or alternatively, if I’ve not nominated a close family member or friend, how will my executor know that I have died? Case example Wills are … Read more
Intestate estate where deceased twice ‘tribally married’ – Re Estate of Bunduck [2021] NTSC 12 (unreported BC202103987) The deceased was an Indigenous man who died intestate. He was survived by his wife and four adult children. He had married his wife in a tribal ceremony. The Northern Territory intestacy provisions require that where the value … Read more
Have you seen the movie “The Father” yet? The film, starring Anthony Hopkins, addresses the struggles of an octogenarian who suffers from dementia and feels abandoned when his daughter is moving from London to Paris. It is a film full of confusion, distress and accusations, not only from the main character’s point of view but … Read more
You may recall we recently posted that the Justice Legislation Amendment (System Enhancements and Other Matters) Bill 2021 had passed through parliament dealing with electronic signing on a permanent basis. A number of provisions set out in the Act and the accompanying regulations come into operation today, 26 April 2021. In particular: Part 11 which … Read more
The Guardianship and Administration Act 2019 (Vic) (the Act) came into operation on 1 March 2020. At the time the Act was passed, the Attorney-General Jill Hennessy described the Act as “the biggest changes to Victoria’s guardianship and administration laws in more than 30 years”. The primary object of the Act is to protect and … Read more
