Wills, Intestacies, Estates and Funerals

How the Law of Succession May Involve You

You may become affected by the law of succession in various ways:

• when you have your own will prepared for you (you should not draft your own will.);
• when you are winding up an estate for someone who has died;
• as beneficiary in the estate of someone who has died;
• as a creditor of an estate;
• as a person who has been disinherited or left inadequately provided for. (The law provides remedies for a spouse, partner (including same sex partner), domestic partner, child or other close relative left without adequate provision for proper maintenance.) This is provided in the Family Provision Act 1969 (ACT) ('the Family Provision Act'); see Part [33.6].

Is Succession Work Do-It-Yourself?

Some succession work is do-it-yourself; some is not. You should not draft your own will. You should always get professional help with drafting a will. On the other hand the work of administering an estate can be done by a lay person although generally it is wiser to consult a solicitor, the Public Trustee or a trustee company about the administration of the estate, particularly if the estate is large or complex, or there is a possibility of conflict between the beneficiaries: see Public Trustee, Will the Lay Person Administer the Estate Personally, or get Professional Help? and Duties of the Personal Representative.