What is a Testamentary Trust? A testamentary trust is incorporated in a Will and does not come into effect until after the death of the will maker, also known as the Testator. Testamentary trusts can operate for a period of up to 80 years from the date of death of the...
What Happens If Someone Dies Without a Will? When a person dies in Victoria without leaving a valid Will, the estate of the deceased person is distributed according to the provisions of Part IA – Intestacy of the Administration and Probate Act 1958 (Act) “The Act”....
When a person creates a Will they appoint an Executor; the person in charge of administering the Will Maker’s estate when they die. However, sometimes circumstances change from when the person creates the Will, and the nominated Executor is no longer capable to act in...
An informal Will does not satisfy all the requirements under the Wills Act 1997. If a Will has not been properly executed, problems may arise at the time probate is applied for. However, there are circumstances where an informal Will may be admitted to probate even if...
Marriage, separation, and divorce all have different effects on your Will. New studies show that many Australians are unaware that their Will becomes invalid upon marriage. This may not cause many problems for a first-time marriage, however, if there are other people...
A Will is not always easily found, making it more difficult and stressful for family members after the death of a loved one. A valid Will usually appoints an executor which gives them the immediate rights to the administration of the deceased’s estate and the assets...