David Andrew
speaker
514 appearances
1 recordings
1 series
first heard Aug 2022
last heard Aug 2022
David Andrew’s voice in public audio — every appearance, attributed to the second.
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Appearances
So you said before three siblings.
Let's say three siblings are entitled.
Which of those three siblings administers your estate?
They've all got an equal right.
So you have a situation of uncertainty and potential for conflict and unintended outcomes, which is why we say to people, go and get a will done.
Well, it can be if there's conflict and there's issues and there's delays and the like.
We also might have to consider things like genealogy inquiries to determine actually who is the entitled person.
Now, okay, we know that lots of families are very confident that, you know, a partner and three kids, but I can tell you now state trustees deals with lots and lots of estates.
where we need to do genealogy inquiries that turn up results that weren't always contemplated or known.
To be fair, we get the cases where there's no one ready, willing, able to administer an estate.
And so family aren't necessarily known and we've got to make inquiries.
But yeah, there can be additional costs to determine beneficiaries and the like.
Or, as I say, it's more like the potential for argument.
Okay.
If you haven't complied with the provisions in the Wills Act as to what makes a valid will, then you may be able to prove a document as an informal will.
However...
That requires you to persuade a court that this document that you're holding was intended to be your final wishes, okay?
And nothing is assumed.
So you'd have to prove capacity.
You've got to get a doctor to say the person had testamentary capacity at the time.
Showing 301–320 of 514 · page 16 of 26
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