Legal Tip 134: Consider naming Children in the will

Consider naming Children in the will

Where someone leaves a gift to ‘my children’ there can be issues with working out who these children are. Lawyers have a difficult time with getting access to birth certificates from BDM in NSW for instance and this also adds to the cost.


Naming children removes the need to prove they are related to the testator (the will maker).

This also applies to other relatives. Instead of "my mother" list the mother's name.


However where there is a chance of other children coming along after the will is made it may still be better to use the phrase ‘my children’. If you don’t one or more may miss out.

 

I had in my mind that a will was invalidated after the birth of a child, so saying "my children" because you haven't named a future one wouldn't make any difference? I may be wrong

 

Nope.

 

How about 'my children, including, but not limited to john, mary and bob' or something similiar?

 

They would still have to prove that they are children in that case - and this is no big deal, just needs birth certificates of everyone.

 

Getting married is the only life event that invalidates a will as far as I remember. Getting divorced or having kids does not.

 

Not necessarily DT.

In NSW, at least, a will may be revoked by marriage, but any gifts made to the spouse are not revoked.
s 12 Succession Act
SUCCESSION ACT 2006 - SECT 12 Effect of marriage on a will

A will can also be made in contemplation of marriage - so that it isn't revoked.

Nothing similar for defacto relationships.

A divorce or annulment also only revokes part of a will - the gift to the exspouse, unless the will specifies otherwise. s13

Nothing similar for ending defacto relationships.

 

Just from the sidelines but what is the costs to have a solid Will made up,the Wife and myself have one in place one in the safe one held at a bank and after reading all this i just hope i did the daughters names right..

 

I charge $1100 to $2200 generally.

 

Different in SA perhaps

 

Thanks,and i would say it would be worth every cent ...

 

Definitely - state legislation