Posts Categorized: Will & Estates

Inheritance Claim

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There are many ways to challenge a will. This post will look at moving behind the will of a deceased person to make an inheritance claim under the Inheritance (Family Provision) Act 1972. That act gives certain people the right to apply to a court for an order that greater provision be made for that person…

Mutual wills

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Mutual wills are different to, though related to, mirror wills. Mirror wills are wills, usually between spouses, which are basically identical except that that the spouses’ functions and bequests with respect to each other in each will are reversed. Mirror wills may or may not be made pursuant to an agreement between the spouses that…

Wills on ABC Radio

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An interesting interview by Ian Henschke this Tuesday morning on ABC Radio 891 dealing with wills – second marriage wills, disputed wills, unequal treatment of beneficiaries (which Ian referred to as sibling equity), family disputes, Inheritance Family Provisions Act claims. The costs of running a dispute in relation to a will are in the thousands…

Considering a Legal Will Kit?

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There is a general understanding on the part of most people that they need to have a will. Many consider that a ‘will kit’ is adequate for the job. Sometimes it is, but, compared to a properly drawn will, it may lead to the loss of the substantial monetary and familial benefits. Asset Protection If…

Sanity, Wills, and Marriage

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A will-maker is presumed to be sane, and to have sufficient mental capacity to make a will, unless the contrary is proved. A lack of mental capacity may derive from a congenital intellectual difficulty, trauma affecting the brain, or cognitive processes and disease, including those more commonly occurring with old age. The Dickensian language of…