Statutory Wills – Can you make a Will without testamentary capacity?
One of the fundamental requirements of making a Will is that the will-maker must have the requisite capacity to make decisions about their assets as they wish. This can be problematic for those who have made previous Wills but suffered from mental health diseases and no longer able to make decisions about dealing with their assets themselves. It is also an issue for people who have...
Appointing an Attorney – What if you do not have an Enduring Power of Attorney?
Appointing someone to act on your behalf once you have lost mental capacity is an important decision. Not only do you need to find someone who you trust will make the decisions for you, but you also want to make sure they are eligible.
Who can be an attorney?
The criteria to meet to be an eligible attorney is relatively low....
Can your Behaviour be so Bad that you Write yourself out of a Will? Disentitling Conduct and the Forfeiture Rule
A will maker will usually be warned by their lawyer about the risks of not including an entitled person in their will. If an entitled person, spouse, child or dependent, is omitted, or not adequately provided for in a will then they may make a court claim for compensation against the estate. What a will maker will not normally...
Does Superannuation form part of your estate?
Does Superannuation form part of your estate?
Superannuation can often end up being one of an individual’s most significant assets at the time they pass away. A majority of people have minimal involvement with the management of their superannuation and are unaware just how valuable of an asset it is. A common misunderstanding is that superannuation can be dealt with in the will. Most...
Testamentary Capacity – what do you need to prove in order to make a valid will?
In order for someone to make a valid will, there is a fundamental requirement that they had the right state of mind to make their will. This is known as testamentary capacity and it is crucial that you understand how to prove testamentary capacity in case it is ever in dispute. Otherwise you may risk your assets being given to someone you did not intend to inherit them.
What does...
3 key Aspects Explained – when Appointed as an Executor of the Will
It can be a daunting task to deal with a deceased person’s money and property once they pass away. If you have been appointed as an executor of a will, it is important to know the expectations placed on you to distribute the estate correctly and what the penalties may be for failing to carry out your duties.
How to determine who has been appointed as an executor
You may have...