Wills and Estates Resources - Legislation
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Wills Act 1997 (VIC)
The Wills Act 1997 governs the creation, validity, and revocation of wills in Victoria. It outlines the formal requirements for making a valid will, including signature and witnessing rules. The Act also addresses informal wills, codicils (amendments), and circumstances for revocation. Executors, beneficiaries, and legal professionals must follow the provisions to ensure the deceased’s wishes are legally enforceable.
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Administration and Probate Act 1958 (VIC)
This Act regulates the administration of deceased estates in Victoria, covering probate applications, letters of administration, and the rules of intestacy (when someone dies without a will). Part IV of the Act allows eligible family members to make claims for greater provision from an estate if they have not been adequately provided for. It also outlines executor duties, ensuring estates are distributed lawfully and equitably.
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Trustee Act 1958 (VIC)
The Trustee Act 1958 governs the duties, powers, and rights of trustees in managing trust property and deceased estates. The Act provides a framework for appointing trustees, managing trust investments, and resolving disputes. It ensures that trustees act in the best interests of beneficiaries and comply with legal requirements while fulfilling their fiduciary duties.
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Powers of Attorney Act 2014 (VIC)
This Act establishes a framework for creating enduring powers of attorney, allowing individuals to appoint trusted decision-makers to manage their financial, personal, and medical affairs if they lose capacity. The Act also introduces safeguards to protect vulnerable people from exploitation or abuse by appointed attorneys.
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Guardianship and Administration Act 2019 (VIC)
This Act outlines the process for appointing guardians and administrators to make decisions on behalf of individuals who lack capacity due to disability, illness, or injury. It protects vulnerable individuals while ensuring their personal, financial, and medical decisions are made in their best interest. The Act also intersects with estate planning for individuals with complex care needs.
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Family Provision Claims – Part IV of the Administration and Probate Act 1958 (VIC)
This section of the Administration and Probate Act enables eligible individuals (e.g., spouses, children, dependents) to contest a will and seek a greater share of the estate where proper provision has not been made.
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Estate Agents Act 1980 (VIC)
This Act regulates the sale and management of real property, ensuring estate agents comply with legal obligations when dealing with property as part of a deceased estate. It ensures transparency and fairness in such transactions.
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Superannuation Industry (Supervision) Act 1993 (Cth)
The Superannuation Industry (Supervision) Act 1993 governs how superannuation death benefits are distributed to nominated beneficiaries or estates. It requires trustees to follow binding death nominations and ensures funds are managed in line with legislative requirements. Superannuation often forms a significant part of estate planning.
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Taxation Administration Act 1997 (VIC)
This Act includes provisions relevant to the taxation of deceased estates, including land tax, income tax on assets, and capital gains tax obligations when transferring property to beneficiaries.
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Coroners Act 2008 (VIC)
The Corporations Act 2001 governs company shares, directorships, and business succession planning within estates. When business interests are part of a deceased estate, this Act provides the framework for handling transfers and compliance.
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Health Records Act 2001 (VIC)
The Health Records Act 2001 ensures that personal health information is managed responsibly and protects individuals’ privacy. It is relevant in wills and estate matters where medical records may be required to determine testamentary capacity or to resolve disputes involving undue influence, elder abuse, or end-of-life decisions. Executors or legal representatives must handle health data in compliance with this Act when dealing with probate or disputes.
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Charities Act 2013 (Cth)
The Charities Act 2013 governs the definition, operation, and regulation of charities in Australia, ensuring that charitable bequests in wills are administered lawfully. It is crucial for estate planning when a deceased’s estate includes donations or trusts benefiting charitable organizations. The Act outlines the criteria for entities to qualify as charities and provides guidelines to protect donors' intentions and prevent misuse of funds. Executors and trustees must comply with this Act to ensure that charitable gifts are properly managed.
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National Disability Insurance Scheme Act 2013 (Cth)
The NDIS Act 2013 plays a critical role in estate planning where beneficiaries are living with disabilities. It outlines the framework for providing care and financial assistance to individuals with disabilities and enables planners to establish testamentary trusts or nominate legal guardians to ensure long-term support. Executors and trustees must understand how the NDIS interfaces with wills and estates to ensure beneficiaries continue receiving their entitlements. Tailored planning under this Act ensures that beneficiaries are protected without losing access to necessary government assistance.
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Public Health and Wellbeing Act 2008 (VIC)
This Act governs health and safety standards, including burial and cremation processes. Executors often refer to this legislation when dealing with funeral arrangements or disputes about the deceased’s wishes.