It is often difficult for a willmaker to know what to do and what is fair, when making a Will in circumstances when they have children from a former relationship but they still want to provide for their new spouse. Not only is it difficult to work out what is “fair”, but it is also…
Preparing a Will A Will is one of the most important document that most of us will ever sign. It determines how our property is distributed upon our death. What we say in our Will is often the last thing that we say to our loved ones and the final way that we can go…
Even in circumstances where the deceased leaves a Will, it is sometimes the case that the contents of such Will are unclear. If the Will contains something like a clerical error, then an application for ‘rectification’ may be required. If the problem is more complicated than that, an application to the Court for ‘construction’ of a…
It can be the case that a deceased leaves a ‘Will’ but that such ‘Will’ does not comply with the formal requirements of a Will. It may be for instance that the “Will” simply has not been executed properly, but it can also be the case that the ‘Will’ has been recorded in an unusual…
A common misconception is that if you die without a Will then your estate all goes to the Government. Whilst this can happen in certain circumstances, it is not usually the case nor is it usually likely. This being said, dieing intestate (without a Will) can create all sorts of hardships for your family. If…
What is a testamentary trust? Testamentary trusts are created by a Will. It is important for all of us that our wishes are carried out regarding how our property is divided after our death and that we benefit our loved ones as much as we are able to. There can be unforeseen, negative consequences which…
Statutory wills are also called ‘court made wills’ or ‘court authorised wills’. Statutory will cases are often divided into three categories, and these categories offer some insight as to the circumstances in which it may be appropriate to make application for a statutory will. Such categories are as follows: Lost capacity cases – where a…
Making provision for a disabled child in your Will can be a difficult matter. How much of your estate should you leave the disabled child in comparison to your able bodied children? Who should the trustee be and on what trusts should your gift for the disabled child be left? It is important to note…
Sometimes following the death of a testator, the Will is read and an error is found. In Queensland, the court has power to rectify a Wil so as to carry out the testator’s intentions, providing the error is clerical in nature and the Will does not otherwise give effect to the testator’s intentions. In such…
Executors and Administrators of deceased estates are referred to as Personal Representatives. Personal Representatives have the responsibility of paying the deceased’s debts out of the deceased’s assets which come into the estate. They are liable for the payment of debts to the extent of the assets which come into the estate. If the Personal Representative…