Estate planning trap no. 2 – home made Wills
Can people be trusted to complete their DIY Will-kits correctly, use clear language and sign them properly? In our experience, unfortunately not. Homemade Wills cause
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Category: Wills
When is a Will not a Will?
It may sound like a silly question. We all know a Will when we see one. They’re usually of fairly standard appearance – headed Last
What are mirror Wills?
It is common for those in marriages or de facto relationships of long-standing to make Wills that are in very similar terms. Each partner executes
How do you know if a person has capacity to make a Will?
To make a valid Will you (the Testator) must: be at least 18 years of age; understand and approve the nature and effects of making a Will; understand the extent of the property you are disposing of in your Will; understand the claims to which you should give effect (e.g. the moral claims of family); and be of sound mind, memory and understanding.
How often do I need to update my Will?
You should review your Will when your circumstances change. Consider the following…
Where should I store my Will?
It is important that you store your Will in a secure place. After your death your Executor will need to file your original Will at
What is a mutual Will agreement?
What is often referred to as a “mutual Will” is in fact a legally binding agreement between two parties providing that neither party will revoke his or her Will without the consent of the other. The Wills referred to in the agreement are often (but not necessarily) made at the same time as the agreement.
When Sally left Harry
Thirty years after the separation Harry died interstate leaving three sisters to whom he was deeply attached. Harry hadn’t made a Will, so his fortune was divided according to the laws of intestacy. Sally took the lion’s share and his sisters received the crumbs.
All you need to know about executors
Your executor is the person you nominate in your Will to administer your estate and carry out your wishes upon your death. Read on to find out more about the role of an executor and tips for who you should appoint.
If I die without a Will, does my wife get everything?
Although property you own as a joint tenant with your spouse will pass to them when you die, property owned as tenants in common or owned in your sole name may not automatically pass to your spouse.
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