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Category: Wills

What are mirror Wills?

It is common for those in marriages or de facto relationships of long-standing to make Wills that are in very similar terms.  Each partner executes

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How do you know if a person has capacity to make a Will?

To make a valid Will you (the Testator) must: be at least 18 years of age; understand and approve the nature and effects of making a Will; understand the extent of the property you are disposing of in your Will; understand the claims to which you should give effect (e.g. the moral claims of family); and be of sound mind, memory and understanding.

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What is a mutual Will agreement?

What is often referred to as a “mutual Will” is in fact a legally binding agreement between two parties providing that neither party will revoke his or her Will without the consent of the other. The Wills referred to in the agreement are often (but not necessarily) made at the same time as the agreement.

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When Sally left Harry

Thirty years after the separation Harry died interstate leaving three sisters to whom he was deeply attached. Harry hadn’t made a Will, so his fortune was divided according to the laws of intestacy. Sally took the lion’s share and his sisters received the crumbs.

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All you need to know about executors

Your executor is the person you nominate in your Will to administer your estate and carry out your wishes upon your death. Read on to find out more about the role of an executor and tips for who you should appoint.

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