Informal wills in Australia: risks, disputes and estate planning pitfalls
Informal wills in Australia: risks, disputes and estate planning pitfalls
Our experts explore the increase of informal will applications in Australia, including how courts assess these documents, the risks when they fail, and what individuals should consider to avoid costly disputes and unintended outcomes.
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What happens if your will is invalid in Australia?
Laura Hanrahan and McLane Edinger discuss what happens when an informal will application is unsuccessful and how estates are dealt with in those circumstances. They explore the potential outcomes, including the role of earlier wills, intestacy and partial intestacy, and the risks of beneficiaries when a will fails.
Informal wills: what are they and how do you avoid them?
Laura Hanrahan and Karen Gaston discuss the rise of informal wills in Australia and how the courts determine whether a document can be admitted to probate. They explore the key legal requirements, recent case examples including digital documents, and the practical challenges in proving testamentary intention and capacity. The episode also highlights the risk of informal wills and why getting proper advice upfront can help avoid costly disputes.
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