The Proper Processes of Wills and Estate in Australia

The Proper Processes of Wills and Estate in Australia

A deceased person’s wills and estate can become the basis of a legal battle when not prepared properly. Certain terms can apply in the event that more than immediate family members are involved in the final claim, but local regulations may interfere with certain aspects of the will.

Often, many people fail to follow the correct procedures to create a legally binding last will that will benefit all applicable people. Here are some of these basic terms in creating a proper will that will help you avoid costly errors and court cases later. It ensures a problem-free process long after you’re gone.

Creating A Proper Will

The testator or the owner of the will and estate must have the final will in writing. The local state laws will apply if a will is not present. A will is essentially a legal means of putting the final terms of his remaining assets and estate to the right recipients.

The testator should be of legal age, eighteen years and up, and their will documents must be duly signed and confirmed. Two witnesses must be present at the signing for attestation to make it legal.

In some cases, a reliable and trusted third party or immediate family member who is an Australian citizen can be appointed to represent on their behalf using an Enduring Power of Attorney appointment.

What are the Basic Terms of a Will?

In Australia, the default terms of a person’s wills and estate are made differently. There are certain procedures to ensure specific persons are entitled to claim their remaining estate and assets. It is imperative to draw up a standard will that specifies your beneficiaries. Also, the local state law will apply to properties where it is situated.

The absence of a will or failure to specify your beneficiaries will prompt the local government to default on Queensland state laws. 

Other people with a long-standing relationship with the deceased estate holder may file a claim known as a Family Maintenance claim. It was from a 1958 legislation stating that the person who had a dependent relationship with the deceased can file this claim for proper financial provisions. 
The same legislation also requires that the testator provide sufficient maintenance and support provisions for other people with whom they had a dependent relationship.

What Happens with These Will Disputes?

Eligible parties who can claim or claim on behalf of the wills and estate using this provision include the spouse, child, or another dependent. The term spouse covers the following terms as the de facto partner or civil partner. Following the legal process, the Court will decide in the best interests of all parties involved.

The Court’s decision may be based on the following conditions: the will holder’s responsibility to the claimant and the other claimants’ current financial standing. It has to be a balanced and fair decision that covers everyone in the estate claim.

Final Notes

A person’s last will and estate terms must be duly processed by law and following legal procedures. It will ensure that the properties and assets left in his estate will be processed properly, benefitting the right recipients involved in their lives. In some cases, however, other included claimants may file cases to receive their share based on state laws and the Court’s decisions and discretions for a proper final process.

We at Bickell and Mackenzie provide legal assistance and action for these types of complicated cases on wills and estate in Redland Bay and its surrounding areas. We are on your side and will help fight for your cases to ensure the law is upheld properly. Ring us or leave us a message for legal assistance today.

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