Wills & Estates

The deceased died tragically by her own hand in 2021.

Security of your identity is not only important during your lifetime but also after death.

The deceased died in 2019 survived by his adult son, two adult stepchildren and a former spouse.

A recent decision of the Victorian Supreme Court has confirmed that the consequences for a Trustee are potentially disastrous if the Trust Deed is mislaid and cannot be located.

Estate planning is more than just preparing a Will.

For many people, this time of year means connecting with loved ones from near and far.

When you are dealing with land and a deceased Estate, your conveyancer/solicitor will use terminology you are not familiar with.

The deceased died in 2018 and was survived by his second wife Nejme and 9 adult children from his first marriage.

It is a commonly asked question, “When someone dies, who can request a copy of the deceased person’s will.

Preparing a Will may seem daunting, but it is important that you put in place a Will that reflects your wishes, and to reduce the burden on your family and loved ones when you die.

One of the most important things to consider when making a Will is who you wish to appoint as your executor.

In NSW, there are certain formalities that are required to make a valid will.

It is fairly common knowledge that when you die your bank will freeze any account that is in your sole name.

Once Probate or Letters of Administration has been granted by the Court in a deceased Estate, and before any assets of the Estate are distributed, the legal personal representative (i.

But what if there isn’t a Will.

A common document that many people put in place when completing their estate planning is a Power of Attorney.

A Power of Attorney (POA) and Appointment of Enduring Guardian (AEG) are documents that allow you to appoint another person to make major decisions on your behalf, usually when you do not have capacity to make such decisions yourself.

Whilst the role of executor of a will cannot be forced upon a person, the role if accepted, means the executor “owes a fiduciary duty to the estate in exercise of each of the duties of an executor”.

When people seek to make a homemade Will ‘on the cheap’ without professional advice, it can cause additional stress and anxiety for the Willmaker’s family if a dispute arises as to the meaning of the Will with associated costs of litigation to resolve issues depleting the estate.

In New South Wales the Succession Act provides that an eligible person must commence Court proceedings for provision out of the Estate of a deceased person within 12 months from the date of death.

The death of a loved one can be an upsetting and difficult time.

Recently we wrote about adult children seeking to contest their parents will.

Like most people do when they find themselves with a spare 5 minutes, I was scrolling through my social media feed recently and I came across some marketing material for ABC’s upcoming show Fisk.

If a person makes a promise (“the promisor”) to another that s/he will obtain an interest in the promisor’s land and in reliance upon that promise, the other person then acts to his/her detriment, the law will intervene to prevent the promisor from going back on his/her word when it would be unconscionable for the promisor to do so.

Capacity is a fickle thing which Solicitors and other professionals are required to assess before a person can make certain decisions for themselves.

COVID-19 has made many people think about their mortality.

I am writing this article overlooked by various family photos including pictures of my dog Charlie.

Planning ahead for individuals can be challenging but that task can seem harder for family members of individuals affected by severe disability and will often involve more than making a standard Will and appointing a Power of Attorney or Enduring Guardian.

The position of a trustee of a trust is an important position which is governed by State and Commonwealth Legislation and Case Law.

The deceased died in 2016 aged 76 years survived by his widow and two adult sons and 6 grandchildren.

I am often asked by clients who want to donate their organs, if they should include this wish in their Will.

LAMA Will is a legal document which sets out who will receive your assets when you die.

I’m frequently asked what steps need to be taken when someone dies and how long will it take.

Quite often during marriage, separation and/or divorce, estate planning is the last thing on your mind.

The deceased died in 2016 without leaving a Will.

A recent decision of the Western Australian Supreme Court was a timely reminder of the need to be specific when making a Will.

In 2008 the deceased died at the hands of one of her two sons.

Increasingly people live their lives through their mobile phones.

An Attorney acting pursuant to a Power of Attorney is required to comply with any and all conditions and limitations of the Power of Attorney instrument.

The deceased married Carol in 1988.

As a child of the deceased, a daughter or son of the deceased is deemed to be a person eligible to bring a claim under the Succession Act which allows for eligible people to make an application to vary the Will.

In 2015 the deceased died suddenly at the age of 55 without leaving a Will.

A Grant of Probate is a document issued by the Supreme Court that acknowledges the validity of the deceased’s Will and authorises the Executor/s to administer the Estate.

If your circumstances suddenly changed and you could no longer manage your own affairs, do you have the necessary documentation in place to authorise another person to make financial and legal decisions on your behalf.

The willmaker was survived by 4 adult children.

In NSW if a Will maker fails to make adequate provision in their Will for the proper maintenance, education and advancement in life of those entitled to such maintenance and support, a court is empowered to make an order for family provision to an eligible applicant.

The harsh reality is that if you do not have a Will, you do not have a say.

This is one of the most common questions asked in relation to deceased estates.

In 2014 Sally made a Will in which she left her property to her son Peter and the remainder of her estate her to daughter Jane.

Recent decisions in the Supreme Court have reinforced the Courts preference for keeping family operated farms together in certain situations in circumstances where a Will is contested.

To make a valid Will a person must be of sound mind when the Will is made.

Too often people don’t devote the time they should to making a valid Will and keeping it up to date.

Appointing someone as your guardian does not mean handing over your decision making power.

Increasingly more of us depend on the “on-line world” to communicate whether it be for business or pleasure or to stay connected with family and friends.

I know it’s hard to accept but if you think “I’m young and healthy, I’ll worry about estate planning when I’m old and sick”, you are WRONG.

LAMA Willmaker died in 2015 leaving a Will where she left her estate to two of her children to the exclusion of one daughter.

How do you go about leaving unequal provision of your children in your Will.

Making a valid Will is one of the most important things a person can do to protect their loved ones.

In NSW there are certain formal requirements required by law in order to make a valid Will.

All too often we hear of people agreeing to be an Executor for a family member or friend without knowing what they have agreed to, what their duties and obligations are, or what they are expected to do.

I was invited to meet with members of the New England Cancer Carers’ Group this week and present to them on some of the legal issues faced by those who find themselves caring for a loved one undergoing treatment for cancer or some other illness.

A Will stipulates how a person’s property is to be distributed after their death.

For a Will to be valid the person making it, the testator, needs to have the requisite capacity…sound mind, memory and understanding.

Increasingly a significant proportion of an individual’s personal wealth can be found in their superannuation.

The starting position in respect of a person’s last Will is that the Will Maker is entitled to dispose of his or her property entirely as he or she thinks fit.

Before Charles Dickens was a successful writer he worked in a legal office as a clerk so it’s not surprising that Lawyers have prominent roles in many of his books.

The ability to choose who you leave your property to in your Will has been tempered by legislation that permits eligible persons (as defined by legislation) to apply to the Court for a greater share of a deceased person’s estate where “adequate” provision has not been made for their “proper” maintenance, education and advancement in life”.

Mr Yee passed away on 28 May 2013 and left two Wills.

Where a capable Testator makes a Will that complies with formal requirements there is a presumption that the Testator knows and approves of the contents of the Will, but that presumption does not apply where the making of the Will is clouded by suspicious circumstances.

A Willmaker died in 2014 leaving a Will he had made in 2009.

Making a valid Will is one of the most important things a person can do to protect their loved ones.

With an increasing incidence of mental illness affecting a significant proportion of our ageing population, an enduring Power of Attorney is an important legal document that enables trusted friend(s) and/or family member(s) to assume the role of substitute decision maker for financial and legal matters when a person becomes incapable.

With an ageing population and mental illness on the rise, a recent Supreme Court case provides a unique insight into how one family resolved the dilemma of administering an incapable family member’s estate to accommodate his needs and the wider needs of his family as a means of avoiding future litigation after the man passed away.

Acting as the Executor of an Estate can be a demanding task, especially if the deceased had complicated business affairs and/or left a complex Will.

A Will, as most people know, is a document prepared to express the wishes of a person upon their death, including most frequently, how the deceased’s estate is to be distributed.

A grandfather testator made a Will in which he left his estate to his only daughter (the defendant).

A recent NSW decision has ignited the debate amongst those who oppose fettering a testator’s right to testamentary freedom against the proponents of current legislation which seeks to protect the family of the deceased by providing for members of the family who would otherwise be left without adequate provision.

Making a valid Will is one of the most important things a person can do to protect their loved ones.

What is a Testamentary Trust.

The rhetoric regarding the dangers of the “age of entitlement” recently espoused by politicians in relation to the Federal Budget has rung true in relation to a Family Provision Act case made in relation to a family farm.

[T]he complexity which attaches to family relationships” is never more apparent than in the arena of family provision cases.

There are certain classes of people that may contest a Will.

The form of power of attorney (‘POA”) now used in NSW is a very simple but often misunderstood form.

Every day people are involved in accidents or become sick.

Grandparents are often very generous in their support of their grandchildren.

Recently, the Office of State Revenue announced that the First Home Owner Grant (New Homes) of $15,000 is being extended for a further two years from 31 December 2013 to 31 December 2015.

The transition to retirement living can be a rewarding one.

It is not uncommon for a client to want to record their wish to become an organ donor in their Will.

For some families, caring for a son or daughter with a severe disability is part of everyday life.

There’s usually a relative, sometimes one who is hurt and sad because he or she has been left out of the Will or otherwise treated unfairly.

Mr Farmer died in 1988 leaving the farm to his wife during her life time and then to his son after her death.

Making a Will is one of the most important things a person can do during their lifetime.

There are instances whereby parents assist their children financially even when those children are grown up and have families of their own.

As the year draws to a close, it is timely to commit to new goals for the coming year.

If you die, without a Will, or without an effective Will, your Estate is dealt with as set out in Chapter 4 of the Succession Act 2006.

If you have some connection with a Family Trust, Centrelink will attribute to your assets, for the purpose of assessing your entitlement for a pension, all the assets of that Trust.