Wills, Estates and Funerals
Making a Will
What happens to things you own (your assets) when you die? You can tell people what you want done with your assets when you die. You do this by making a will. In your will you appoint an ‘Executor’. The executor follows the instructions in your will and hands over your property to the people ...
Types of Wills
Informal wills What happens if your will was not executed properly under the Wills Act? Maybe it was not properly witnessed, for example. If a court can be satisfied beyond reasonable doubt that the document was intended to be your will, or an alteration, or a revocation of your will (s10 Wills ...
Changes to Wills
Updating, altering or adding to a will Under s18 of the Wills Act 2008 you can make alterations to your will. You might want to correct a mistake, for example. Alterations require the signature of the testator and of the witnesses to be made somewhere near to the alteration, in the margin, a...
Intestacy – Dying without a Will
We looked briefly at intestacy earlier – an intestate is a person who died without a will. Alternatively, it could be that they made a will, but the will is invalid. Or maybe they gave a gift in their will but the gift did not take effect – so it is still sitting there with nowhere to go. There...
Dealing with the Estate
If there is No Will Where there is no will, the Intestacy Act 2010 sets out a hierarchy of beneficiaries and procedures (see above). If There is a Will If there is a will, an estate will be disposed of according to what the will directs, except where there is the potential for a challeng...
Funeral Expenses
Funeral expenses are the first priority of payment by the deceased person’s assets – even before debts and gifts are paid out. They come out of the assets whether the deceased estate is bankrupt or not (see s 34 (3) Administration and Probate Act 1935 (Tas) and Schedule II, Part 1 s. 1). Often ...
Administrative Concerns
Locating a will If you are unable to locate a will for a deceased person, the Law Society of Tasmania provides a Locating a Will or Deed service to assist. Coronial Delay A coroner is a judicial official who investigates the cause of death of a person. This investigation (inquest) may cause d...
Inheritance Problems
There are times when people are unhappy with the distribution of assets that the will specifies. Children, spouses and other relatives (e.g. parents) may feel they have been given less than they should have, or even nothing at all. The same may apply if the deceased has died without a will – wh...
Executors and Trustees
Executors Executors are charged with administering the will – that is, they put into operation what the will says. It is best to appoint more than one executor. Problems that can arise with executors include: There being no executor appointed. The Supreme Court Probate and Administration ...
Distributing the Property
Distribution of Gifts When gifts are made in a will, the obligation on the executors of the will is to distribute such gifts. However, beneficiaries do not have any right to the property of the deceased up until the actual distribution. Maintenance There can be problems where a benefici...
Contesting a Will
For validity Most often, a challenge to the distribution of a deceased’s asset will be where there was no will, and the intestacy distribution is being distributed. However, where there appears to be a valid will, a will can be challenged on several grounds. These grounds are that the testator...
Providing for the needs of a Person with a Disability
It is important for everyone to make a will. This particularly applies if a person has an intellectually disabled child who is unable to look after their own property. A will can be made flexible enough to allow for improvements in a person with a disability's ability. Where there is no will, ...
Costs
Solicitors Solicitors fees will vary according to the firm, the size of the estate, and according to the service being sought, such as if you were looking to have a will written up, or have a solicitor act as an executor of the will. Public Trustee There are different fees and charges as...
Contacts and Resources
The Tasmanian Law Society provides a database of firms at https://www.lst.org.au/find-a-lawyer/ where you can find a lawyer specialising in areas of law, including Wills, Testator’s Family Maintenance, and Administration of Estates. Simply go to their website and select one of these categories fr...
Page last updated 19/03/2018