Succession law explained
You are considered to have died Intestate if you die without a Will or leave a Will deemed by the courts to be ineffective because it: fails to properly dispose of all your assets, does not met the legal formalities of being correctly signed and witnessed, or was made by someone who lacks legal capacity. Where part …
Continue reading "What is Intestacy?"
Australian Artist Brett Whiteley died accidentally of a drug overdose in June 1992 with an Estate worth $13 million. Due to his anger toward lawyers following a protracted and bitter divorce settlement he drafted a series of informal Wills that led to expensive litigation in order to clarify and settle his testamentary intentions. In May 1989, …
Karter Yu took his own life on 2 September 2011. Shortly before he died, he created a series of documents on his iPhone, one of which was expressed to be his last Will, commencing with the words, “This is the last Will and Testament...” Yu formally identified himself, gave his address, and typed his name at …
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 …
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) 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 …