Property & You – By Paul McKenzie, ABS Conveyancing
Australians should have common sense to have a Will in place, especially when you have property and mortgage.
Australians are reluctant to make a Will, Aussie attitude, “She be right Mate, the family will get the house”, raises its ugly head, now a dangerous one.
First of all, it must be prepared, signed and executed by a lawyer, acting for you. A Queensland case in 2013, John William Panigas (deceased)  QSC 172), ruled the Australia Post Do It Yourself Will, was invalid for Wills Probate, as it was not prepared, signed and executed by a lawyer.
Secondly, a very sad case, Stevens V Bank West QSC 2018, Stephanie Stevens’s husband Ryan, before he died, owned the family home by himself, as a sole owner, with a mortgage (Bank West) and sadly, no Will in place. They were a young couple, Stephanie pregnant with their first child. Then, suddenly, a motor bike accident involving Ryan who died, changed many things. Bank West took mortgagee in possession and sold the property from them. The poor wife/widow pleaded, then took the bank to court and lost, as there was no will in place, nor Stephanie a part owner.