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Think twice when getting married overseas estate planning estates family law marriage Jun 09, 2017

It is not uncommon these days for couples to travel overseas to get married in an exotic location like Thailand or Hawaii or Bali (or even Las Vegas with an Elvis celebrant!), but care must be taken if a second ceremony takes place back home in Australia, mainly for the benefit of those loved...

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Selling the deceased's home prior to probate being granted estates probate purchasing property selling property Mar 18, 2017

It is not uncommon that the most significant asset of a Deceased’s Estate is their home.  It is also not uncommon that there are a number of beneficiaries entitled to a share of the Estate, which will of course require the Deceased’s home to be sold and the proceeds of the sale...

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Who can see the Will? estate planning estates wills Mar 15, 2017

Clients often ask us who is entitled to see a copy of a Will (and obtain a copy of the Will) once the testator has passed away.

The answer can be found in section 54 of the Succession Act 2006 (NSW), which provides a list of categories of persons entitled to inspect the Will:

  • anyone named...
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Estate planning for blended families estate planning estates testamentary trust wills Mar 06, 2017

Blended families and step-families are becoming increasingly common in Australia, creating new and additional estate planning needs and concerns which must be addressed.

What is a blended family?

A blended family is a family where one or both of the partners in the relationship have a child or...

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Leaving a relative out of a will contested will estate planning estates family provision wills Feb 24, 2017

For a whole variety of reasons, some clients choose to leave close family members out of their Wills.  Sometimes it’s because of a long-standing family conflict, sometimes because they feel that a particular family member does not need as much financial assistance as other family...

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Can a former spouse make a claim on my estate? contested will deceased estate divorce estate planning estates family provision intestacy wills Feb 13, 2017

A recent Supreme Court decision (Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin [2017] NSWSC 10) has highlighted the rights that former spouses may have to make a claim on a deceased’s estate – particularly if the estate is substantial and the Court finds that the...

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Keeping your estate out of Court contested will estate planning estates wills Dec 22, 2016

It is certainly a reality that more and more claims these days are being made by aggrieved family members for an increased inheritance once a family member has passed away.

Such claims are made pursuant to the “family provision” section of the Succession Act 2006(NSW).

If you are...

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Case update - adult children challenging a parent's estate contested will estate planning estates family provision wills Aug 15, 2016

It is an unfortunate fact of life that family relationships break down - and as a result, the aggrieved family member may alter their Will to remove the other family member as a beneficiary, or only leave them with a nominal gift - even if it is their child.  Whilst it is every...

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8 common mistakes to avoid when drafting your Will estate planning estates intestacy succession act wills Jun 09, 2016

When preparing a Will, it is crucial that it is prepared in accordancewith the relevant laws – in New South Wales, that law is the Succession Act 2006.  Otherwise, your Will is at risk of being an invalid document, or even capable of a number of different interpretations if not worded...

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When a deceased drastically changes their will just prior to their death capacity deathbed wills estate planning estates family provision Feb 11, 2016

When there are drastic changes in the content of the will of a deceased just prior to their death, a number of potential issues arise which need to be addressed in the administration of the deceased’s estate.  It is not uncommon for so called “deathbed wills” to be...

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My relative has died without leaving a will (that is, intestate). What do I need to do? estate planning estates family provision intestacy wills Dec 08, 2015

It is a commonly held belief that if you die without a Will, your assets automatically transfer to the State.  However, this is incorrect.  It is only if you die without a Will and without any eligible relatives that your assets will transfer to the State.

Who are eligible...

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Does a disabled adult child have the right to claim against their parent's estate? contested will estate planning estates family provision succession act wills Jul 09, 2015

In the recent case of Baird v Harris, the Supreme Court of New South Wales certainly thought so.

This case concerned the estate of a deceased man who had 2 adult children, one of whom suffers from Autistic Spectrum Disorder.  The deceased’s estate...

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