Family provision claim often commences by persons who intend to challenge the will of a deceased in the event the deceased failed to adequately provide…
The COVID-19 Pandemic has brought many uncertainties. Among these uncertainties is the process to correctly execute and witness documents which, under normal circumstances, requires a…
At the time of grief and unpleasant circumstances of dealing with the loss of a loved one, undoubtfully one of the most strenuous tasks for…
A court may hold a Will invalid if it is proved that the testator lacked mental capacity at the time of drafting the Will. However…
They say that “sometimes the poorest man leaves his children the richest inheritance”. But is this adequate? One of the grounds that an eligible person…
Section 63 of the Trustee Act 1925 (NSW) allows a Trustee to apply to the court for judicial advice on any question about the management…
In New South Wales, applications for Letters of Administration or Probate out of the estate of the deceased are made to the Supreme Court of…
If a person does not receive a share of an estate of a deceased person, or alternatively receives a share that appears to not be…
Testamentary Trusts A testamentary trust may be established under the terms of a will. It is not the same trust as the deceased estate and…
When families are confronted with the shock of a death to a family member they have to make decisions that they never really thought they…
It can come as a surprise to the uninitiated executors or administrators to learn that you as the executor can be held personally and financially…
A Will is said to be the cornerstone of any Estate Plan. A Will specifies how assets owned by the Will maker will be distributed….
Trusts are important estate planning tools. Trusts can help avoid estate shrinkage and preserve assets by providing for children’s advancement, maintenance and education until children…
A will of the deceased can be set aside even after the probate is granted. Common Grounds for Contesting a Will Family provision claims In…
When families are confronted with the shock of a death of a family member decisions have to be made that may not have been contemplated….
In New South Wales, family provision claims are brought by the deceased’s spouse or children or someone who had lived with the deceased in a…
A testamentary trust may be established under the terms of a will. It is not the same trust as the deceased estate and may last…
The increase of personal wealth in recent times, together with increased life expectancy and associated age-related disabling conditions such as Dementia and Alzheimer’s, has resulted…
In this day and age where outstanding scientific and technical undertakings have been achieved in a wide range of areas including medical research, disease treatment,…
Presumption of Survivorship and the Order of Deaths A mother and son were found dead in their home. The sequence of death was relevant as…