wills Tag

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...

It is common for elderly parents to move into their child’s home in order for their child to take care of them. Some may even say it is the circle of life, we are taken care of by our parents as children and then children take care of their parents when they become elders. However, there are a number of unthinkable events that could occur which will impact a parent’s ability to live...

  Parents are commonly faced with the decision on how to leave gifts to children in their wills. Parents have a difficult balancing act between ensuring their child receives some financial benefit while ensuring their child has the maturity to deal with the inheritance appropriately. There are three common options for leaving a...

  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? 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...

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...

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...