Articles

Deceased’s Will Failed to Give Effect to Intentions of the Deceased

Posted on Aug 29, 2019 in Articles

Deceased’s Will Failed to Give Effect to Intentions of the Deceased

The deceased left a Will. He gave an interest in his residence to his de facto spouse being the right to reside there for 2 years after his death, then the property was to be sold and his share in the property be given to his son. The rest of the estate was also to be given to his son. The Will contained a direction that the deceased’s superannuation benefit be paid to his son. The deceased had superannuation but failed to nominate a beneficiary to receive his superannuation on his death. The trustee of the super fund in its discretion paid the superannuation benefit to the de facto spouse....

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Beware of Giving Specific Gifts in a Will

Posted on Aug 29, 2019 in Articles

Beware of Giving Specific Gifts in a Will

If you make a gift of an asset in a Will and that asset does not exist at the time of death, the gift fails. When Tom prepared his last Will he owned a home on land. At the time of Tom’s death, he owned a relocatable home but he did not own any real estate. In his Will Tom gave “the real estate owned by me” to a friend. Outcome:  The gift failed because at the time of his death Tom only owned a relocatable home and had a bond for aged care accommodation repayable to his estate for aged care accommodation. Fortunately for the friend (the beneficiary), the Court decided that the Will failed to...

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A Marriage Revokes an Existing Will

Posted on Aug 1, 2019 in Articles

A Marriage Revokes an Existing Will

Don’t learn this the hard way. A marriage after a Will is made revokes that Will. David and Katerina had been in a relationship since 2006 and married in 2015. David made a Will in 2014. When the Will was drafted, David was in the process of divorcing his first wife and by the time he signed the Will, he had divorced her. At that time, he had made no commitment to marry Katerina although they had been in a relationship since 2006. The Will did not contain any words which indicated that it was made in contemplation of his marriage to Katerina. Result David’s Will was revoked by the operation...

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