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We often hear people say “I’ve been putting off my will for such a long time!” But what happens if you put it off for too long and you don’t have the opportunity to have your will prepared by a solicitor, or even if you write your own Will without the benefit of obtaining legal advice, in the hope t...
It can be hard when preparing a Will to determine whether or not the testator ought to leave a token legacy for those people whom they believe would otherwise make a claim on their estate. This case is an example of the possible orders a court will make where it is satisfied that the main beneficia...
If you intend to provide monies to relatives, friends or related parties – such that the loan is not an arms’ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.
There is a risk when you are lending...
In a judgment handed down on 30 April 2019, the Court of Appeal has allowed an appeal by the adult children of a deceased man for further provision from his Estate.
The Case:Â Â Squire v Squire [2019] NSWCA 90 (30 April 2019)
The Family – In this case, the deceased had three adult children and had
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Choosing who you want to administer your Will once you have passed is an important decision. Whoever you choose will be responsible for managing your estate and all the assets and liabilities contained therein. The role of executor is that of a fiduciary (i.e. a position of trust), which means there...
As lawyers and Justices of the Peace, we are often asked to witness signatures on important documents such as Statutory Declarations. As authorised witnesses, we must ensure that we comply with the witnessing requirements as set out in the Oaths Act for a number of reasons, otherwise we risk being ...
If a deceased person has not specified whether they would like to be buried or cremated (in their Will or otherwise), the legal right to make such a decision rests with the deceased’s next of kin.
The Supreme Court decision of Dragarski v Dunn [2019] NSWSC 300 dealt with a deceased who had died int...
CASE UPDATE: The Supreme Court of New South Wales has recently handed down a decision (Stone v Stone [2019] NSWSC 233) stressing the need for participants to Family Provision proceedings to make full and frank financial disclosure to the Court, and to the other parties. This means complete disclosur...
If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the Supreme Court regarding the exercise of any function. Once that advice is received, then you cannot be h...
The term "Crisp order" refers to the principal established by the 1979 Supreme Court of New South Wales decision, Crisp v Burns Philp Trustee Company Ltd.  The principle relates to family provision cases, where a person who satisfies the definition of "eligible person" makes a claim against the esta...
CASE UPDATE
Last week, the New South Wales Supreme Court considered the issue whether the words "my children", when used in the context of the deceased's Will, included a child that the deceased adopted out shortly after he was born (see John Hamilton Condon v Simon Anthony Tonkinn [2018] NSWSC 449...
If you are the beneficiary of a Will it is important to know what your rights are in regards to obtaining and protecting your entitlement.
- Right to Information
You have the right to be kept informed of factors concerning probate and distribution of your entitlement under the Will. This does n...
This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.
