My partner died without a will, what do I do?

Intestacy – what do I do? If a person dies without a Will it is what is known as an “Intestacy”. An intestasy can also exist if a deceased person has a Will but it doesn’t dispose of all of their property. That circumstance is not very common...

Should I make a mutual will?

Mutual wills can play an important part in testamentary planning if there is no other reasonable alternative. Birtles and Neal in Hutley’s Australian Wills Precedents (8th ed, 2014) advise simply: “Avoid them.” The reason is that a mutual will...

What does it mean to have testamentary capacity?

Testamentary capacity is defined as the mental capacity of a testator while executing their will. A case, (Banks v Goodfellow (1870) LR 5 QB 549) affirmed by multiple Australian authorities including the New South Wales Court of Appeal in  (Mekhail v Hana [2019] NSWCA...