Succession law explained
Most jurisdictions have requirements that must be met in order to have a formally valid will. This is an attempt to prevent fraud, undue influence, substitution or mistake from occurring due to the fact that the person who created the document is not available to be questioned when an executor is applying for probate. I had …
Continue reading "Informal Wills – No Jacket Required"
A Testator or Testatrix is a person who makes or has made a will; or a person who has died leaving a will. If a person dies without having made a will they are said to have died intestate. In order to make a valid will there are certain formalities that are prescribed by law. …
Wai Fun CHAN, an 85-year-old woman with eight children living throughout the world, died with property in NSW and overseas on 27 June 2012, leaving a formal will dated 6 March 2012. After the formal will was prepared and executed she was dissatisfied with it and as she was unable to return to her solicitor …
Howard Hughes the billionaire aviator, industrialist and filmmaker died in April 5 1976, at the age of 70, without a will. Hughes' assets were governed by the Summa Corporation, and were valued at more than $2 billion. At the time of his death no one was certain if Hughes had left a will, and as …
A person making a Will must have testamentary capacity at the time that it is made (or at the time that the instructions are given)Â in order for the will to be valid. The test for establishing whether a testator has mental capacity to write a Will was established in Banks v Goodfellow. John Banks, the …
In last Fridays post we discussed a Court overturning a Will makers wishes under Family provision legislation. However, as a general rule, Courts are reluctant to deny a person's testamentary wishes. Patrick Carroll ("Mr. Carroll") died on 16 April 2012. He made his will on 15 December 2011 (the "Will"). His children are Jehovah's Witnesses, …
A Witness is a person who observes the signing of a Will at the time and place that it occurs and affirms this by signing the document.  Who can be a witness A witness must be able to form the intention “to attest and subscribe a will”, this means they have to be able to …
In most jurisdictions there is legislation allowing certain relatives to take action against the estate in the event that they feel the Will has not left them with adequate provision for their maintenance, support, education, or advancement in life. In finding what is adequate the Court looks at the circumstances of the case including the …
An executor is the person appointed in a Will to execute, manage, administer, direct, and dispose of his or her estate. Depending on the complexity of the estate an executor may wish to engage an expert with experience in the legal tax and accounting requirements. Many people when nominated as an executor are unsure of …
The simple answer is that the executor is the person named in your will to administer your estate after you die. The executor is responsible for managing the estate, protecting its assets, and carrying out your wishes. You can name as many executors in your will as you like, sometimes people name a solicitor as …