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

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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.

Where should I store my Will?

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It is important that you store your Will in a secure place. After your death your Executor will need to file your original Will at the Supreme Court of Western Australia in order to obtain a Grant of Probate. It is possible to obtain a Grant of Probate of a copy of a Will, but […]

Elder abuse and the law

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It’s difficult and uncomfortable to define “Elder abuse”. It’s a broad brush term used to define a range of physical, psychological, sexual and financial abuse or neglect directed towards older people in the community. It’s often an almost invisible form of abuse, occurring as it does in the private confines of trust relationships including family, […]

What is a mutual Will agreement?

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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.

Hope for the best, prepare for the worst

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You may not be able to predict the future, but you can prepare for it. What would happen if you lose capacity to make decisions for yourself or if you become physically unable to manage your affairs? If your answer to either of these questions is, “um… I don’t know!” then consider making an Enduring Power of Attorney.

When Sally left Harry

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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.

All you need to know about executors

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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.

What about my super?

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Superannuation benefits are not normally part of your estate when you die. This means that as a general rule your super won’t be disposed of in accordance with your Will. Usually, the trustee of your super fund will pay your entitlements to one or more of your dependants or to your estate.