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Wills and Power of Attorney Law News

POWERS OF ATTORNEY: MAKE SURE YOU CAN TRUST YOUR ATTORNEY

May 5, 2017

08 7111 0375 First consultation free POWERS OF ATTORNEY: MAKE SURE YOU CAN TRUST YOUR ATTORNEY – By Grace Banner – If you’re appointed as an attorney under a Power of Attorney, can you be sued? The answer is yes, in some circumstances. The Supreme Court of South Australia recently considered this issue in the…

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DIY WILLS: ARE THEY REALLY CHEAPER AND EASIER?

April 15, 2017

DIY WILLS: ARE THEY REALLY CHEAPER AND EASIER? – By Elizabeth Burke – Will kits, do-it-yourself wills, home-made wills. Whatever you call them, they’re often a topic of controversy. Why? Because if they’re not made and executed correctly, a huge amount of time and money may be required to sort things out after you’ve shuffled…

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CAN YOU CHALLENGE A WILL IF IT’S NOT WHAT YOU WERE EXPECTING?

April 5, 2017

CAN YOU CHALLENGE A WILL IF IT’S NOT WHAT YOU WERE EXPECTING? – By Kaela Dore – When a woman was unhappy with the proposed distribution of her late Aunt’s estate, she took legal action to have the will changed. She claimed that there were suspicious circumstances surrounding how the will was made. This case…

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CAN AN ELECTRONIC DOCUMENT BE A WILL?

December 27, 2016

08 7111 0376 First consultation free Live Chat With A Lawyer Now Location Finder CAN AN ELECTRONIC DOCUMENT BE A WILL? – By Elizabeth Burke – When a man killed his wife and then changed his will by creating a document on his laptop computer, the Supreme Court had to decide whether the document was…

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BE SPECIFIC WHEN NAMING YOUR EXECUTOR

November 25, 2014

BE SPECIFIC WHEN NAMING YOUR EXECUTOR A clause in a will appointing executors in the alternative without stating the circumstances in which they are appointed is void. The Supreme Court was recently required to exercise its power to rectify a will that appointed as executor, “my solicitor … or any solicitor in her employ.” The…

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A HANDWRITTEN NOTE THAT COULD CHANGE A WILL

September 29, 2014

A HANDWRITTEN NOTE THAT COULD CHANGE A WILL Uncertainty arose when the author of a will who left her property to her two children also left a separate handwritten note saying that her son could ‘use’ the house for as long as he ‘needs’ it. Was the note part of her will? If so, how…

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ARE STEP-CHILDREN “MY CHILDREN”? RECTIFYING A WILL.

July 31, 2014

ARE STEP-CHILDREN “MY CHILDREN”? RECTIFYING A WILL. Did you know that an application can be made to the Supreme Court to ‘rectify’ a will if it does not accurately reflect the ‘testamentary intentions’ of the deceased person? The purpose is to effectively amend the wording of the will so as to give proper expression to…

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WHY DOES A WILL HAVE TO BE IN WRITING AND WITNESSED?

September 5, 2012

WHY DOES A WILL HAVE TO BE IN WRITING AND WITNESSED? If the law requires that a legal will is to be signed by the testator in front of witnesses, what happens if the person dies after the will is written but before it is signed? It is in section 8 of the Wills Act…

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OVERCOMING SUSPICION ABOUT THE VALIDITY OF YOUR WILL.

July 3, 2012

OVERCOMING SUSPICION ABOUT THE VALIDITY OF YOUR WILL. Are you thinking of writing a Will or updating your existing Will? It is very important to engage a competent and independent legal advisor when writing a will. Your will is not valid unless its contents are known to and approved of by you as the testator.…

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HOW DO I REVOKE A WILL?

March 27, 2012

HOW DO I REVOKE A WILL? Make sure the legal formalities are followed when you make any change to your legal will or uncertainty and unnecessary expense can result. Recently the Supreme Court was faced with a situation in which a legal will had been made and was held by solicitors, but the client later…

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