will Articles
Informal Wills
December 14th, 2017 by | Wills & Estate Planning
Informal wills are wills which do not satisfy the formal requirements of execution under section 8 of the Wills Act, 1936. For information as to the legal requirements to create a valid and binding will see our article ‘Proper Execution and Witnessing of Will is Vital‘. Requirements for a Valid Will In South Australia, a will… Read more »
Appointment of Testamentary Guardian of Infant Children
October 23rd, 2014 by | Wills & Estate Planning
One of the main reasons why people make the effort to prepare or update their wills is to make sure that their infant children are taken care of. The Guardianship of Infants Act 1940 (SA), Section 13 provides each parent of a minor child (under 18 years of age) with the right to appoint a testamentary guardian… Read more »
Probate on Lost Will
September 7th, 2013 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
A Grant of Probate from the Supreme Court will generally be required for an executor to deal with the assets of a deceased. Obtaining a Grant involves proving that the last Will of the deceased is valid by producing it to the Court. Where a person dies without leaving a Will, then a Grant of… Read more »
Died Without a Will? What Now?
June 21st, 2013 by | Deceased Estates & Inheritance Claims
The legal term for dying without a Will is “dying intestate”. If a family member or partner has died without a Will, intestacy can significantly add to a family’s burden. It also often leads to additional confusion as to what needs to be done and who is able to do it. There is also a… Read more »
Left Out of a Will: How Do I Challenge a Will?
November 24th, 2012 by | Deceased Estates & Inheritance Claims
The loss of a family member is always a sad time, but it may become an even more distressing experience if you find that you have not been included in the deceased’s Will. If you have recently discovered that you were left out of your parent’s Will, you will likely be asking yourself “how do… Read more »
Duties of an Executor
November 24th, 2012 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
An executor is the person(s) or organisation chosen to carry out the terms of a will. The executor is responsible for the administration and control of a deceased estate until the final distribution of assets is made to the beneficiaries. The executor must first locate the deceased’s last will and contact the beneficiaries as soon… Read more »
Things to Keep in Mind When Making a Will
August 23rd, 2012 by | Wills & Estate Planning
Making a will is just one aspect of good estate planning. Of course you should also consider whether testamentary trust provisions would be appropriate and the benefits of an Enduring Power of Attorney and Enduring Power of Guardianship*. There are, however, a few other things your lawyer should be talking to you about … Jointly… Read more »
