LawTalk Blog

Can my partner and I have the one Will?

Can my partner and I have the one Will?

Whilst in theory you and your partner can have the one Will for both of you, in practice it is not advisable.

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What happens when the beneficiary in my Will is a child under the age of 18?

What happens when the beneficiary in my Will is a child under the age of 18?

It is quite common that people leave a gift (or perhaps the majority of their estate) to a child and that child may well be under the age of 18 years. What happens to that gift if...

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The new South Australian “Relationships Register” and potential serious ramifications to your Will

The new South Australian “Relationships Register” and potential serious ramifications to your Will

If a Will is not made within three years of living together as a couple, then if one of the couple dies, the survivor will not automatically be able to obtain entitlement to their...

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How do I challenge a Will in South Australia?

How do I challenge a Will in South Australia?

Inheritance laws in South Australia clearly allow a spouse, ex-spouse, domestic partner and child to contest the Will. Under certain circumstances it also allows a step child,...

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Simultaneous deaths - what happens when two Will makers with common beneficiaries die at the same time?

Simultaneous deaths - what happens when two Will makers with common beneficiaries die at the same time?

The word "commorientes" means simultaneous deaths and although it is almost unheard of, the term is also used in circumstances where the order of 2 deaths is unclear or where...

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You’ve appointed an executor in your Will; make sure you let them know you’ve done this

You’ve appointed an executor in your Will; make sure you let them know you’ve done this

When a person dies they usually leave behind a Will that specifies what is to happen to their assets upon their death. A Will also describes who are to be your executors; that is,...

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Do I use my Will to express how I want my body dealt with after death?

Do I use my Will to express how I want my body dealt with after death?

Executors to your Will are required to take “possession” or control of the body of the deceased – this “possession” only extends to being the person responsible for particular...

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Do you have Italian assets in your Australian Will?

The story of an Australian Will maker with Italian assets

You may have read our article “Will my assets outside South Australia be covered by my Will”. We’re expanding on this to provide a specific example of an estate with a valid Will...

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Can I make my Will by video?

Can I make my Will by video?

With the proliferation of mobile phones and other portable recording devices and the movement away from paper-based documents, it’s not too difficult to envisage a time when...

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