Mental capacity when signing a Will and other legal documents

  Am I sound mind enough to sign a legal document or a Will? Do I have the mental capacity to sign a legal document? Is it assumed I am of sound mind when signing a Will? Yes. There is a presumption of sanity. It applies to all deeds and gifts signed by you while...

Succession Planning for a company

  Who owns my company at death? At death, your shares in a company go into your Will. Your shares are part of your deceased assets. Your executor in your Will looks after the shares and the company. The executor does this in the best interest of the beneficiaries...

Are funeral wishes in a Will legally binding?

  Are funeral wishes in a Will legally binding? The funeral wishes in your Will are not legally binding. Your executor is not required to follow them. Do not clutter your Will with directions for your funeral and remains. Your Will has to take a journey. It goes to...

Curse of the Post Office Will

  The ‘Curse’ of the Homemade Will Master Sanderson, Rogers v Rogers Young [2016] WASC 208 stated: “On numerous occasions when dealing with so-called homemade wills, I have observed they are a curse.   Homemade wills which utilise what is...