An example of a will

[…] (which would only happen if someone challenges the arrangement). In the event of a challenge the Family Court may override the provision of the will as to guardianship of an infant child. It should also be noted that the court has no power to force guardians appointed under a will to act as guardians. […]

Formalities of a will

[…] can only sign for the willmaker if the willmaker is competent to make a will and directs the other person to sign on their behalf. Note than an attorney under an enduring power of attorney cannot make a will for the represented person using that power. Wills signed after 20 July 1998 do not need […]

Introduction to wills

This chapter explains the process of administration of an estate, whether the deceased person has made a will or not, and goes through the steps to be taken and the rules that apply.

Any reader who is making a will would find it useful to read the explanation of how an estate is processed (see […]

A model will

[…]             signature of second witness

(Each witness should provide their name, address and occupation next to their signature, and use the same pen as the willmaker when signing the will.)

Note: This is an example of a simple will only. Professional assistance should be obtained if you have more complex requirements. […]

administrator

[…] respons­ibility for the possessions of a person who has died without making a will, or who is still alive but cannot manage their own possessions. For example, an administrator may be appointed to manage the money, house or other possessions of a person who has a severe mental disability. (2) (companies) A manager appointed […]

recognisance

A bond or undertaking made to show a person understands what is required and will do something as promised. For example, an accused person can undertake to a court on recognisance that they will appear at a later date for their hearing. A recognisance may include a payment, known as a security, to back […]

Letters of administration

Where there is no will, or a will is executed but does not appoint an executor, letters of administration must be obtained before the estate of the deceased may be distributed. The procedure is similar to that required for obtaining a grant of probate.

Probate and estate duties were completely abolished by 1984; therefore, no […]

interested witness

(1) In any legal proceeding, a person who gives evidence of matters before the court but has an interest in the outcome, so may have less credibility than an independent witness. (2) A witness to a will or other document who has an interest in the outcome. For example, a spouse who is given […]

agent

A person who acts for someone else. They can make decisions, carry out tasks or make agreements for the other person. For example, if you ask someone to bid for you at an auction they will be acting as your agent. […]

warranty

A promise in a contract. For example, a promise by a manufacturer that goods will be repaired or replaced if they turn out to be faulty.