We often get asked “when should I update my will?”. Whilst we recommend reviewing/updating your will every few years, there are certain life events which can make reviewing your will a priority. Some of these include: getting married or divorced; growing your family; buying or selling property; buying or selling a business; family dynamics change;... Read more » Read more...
This article by Angus Holland delves into the importance of having a will and ensuring that it is completed and executed correctly.
https://www.theage.com.au/lifestyle/life-and-relationships/do-you-need-to-make-a-will-and-what-happens-if-you-don-t-20230814-p5dwer.html Some key takeaways from the article: 1. Importance of a Will. A Will details the way you want your assets and belongings distributed when you pass away. It can also include information regarding your funeral wishes. The Will must be drafted and executed correctly. 2. Intestacy Laws. When creating your Will, you must also... Read more » Read more...
Challenging wills in Victoria
Executors and beneficiaries in Victoria need to be aware that the deceased does not necessarily have the final say as to how their estate will be dealt with after their death. Challenging wills in Victoria can take place in the following situations: A. There are problems with the legal formalities of the will: The will has... Read more » Read more...
Who can contest a will in Victoria?
To start a legal action to seek a share or greater share of a deceased estate in Victoria, you have to an “elligible person”. This definition in the Administration and Probate Act 1958 (Vic) changed from 1 January 2015 to include the following categories of people only: A current spouse. A registered or unregistered domestic... Who can contest a will in Victoria?">Read more » Read more...
New “International Wills”
As a result of the Australian Government acceding to the Convention Providing a Uniform Law on the Form of an International Will 1973, clients are now in a position to make a new form of will called an “international will". The benefit of making an international will is that it will be recognised as a valid form of will in the following countries: Belgium, Bosnia-Herzegovina, some provinces in Canada, Cyprus, Czechoslovakia, Ecquador, France, Holy See, Iran, Italy, Laos, Libyan Arab Jamahiriya, Niger, Portugal, Russia, Sierra Leone, Slovenia, UK, US (not all States) and the Former Republic of Yugoslavia. The will be recognised no matter where the will has been made; the location of the assets; or where the deceased lived. Read more...
