Blog
When a person creates a will, they have the power to decide who will inherit their property and assets after they pass away. In some cases, a testator may choose to exclude a child from their will, and in such cases, they may choose to include a statement explaining the reasons why the...
In a modern society where dynamic family structures are becoming more prevalent and varying methods of contraception are widely accessible, it follows that the legal definition of a 'child' has broadened significantly. Where 'child' was previously considered as only biological, the definition has...
If you are appointed as a substitute attorney under a Power of Attorney, ensure that you are validly entitled to act if the first appointed attorney is unable or unwilling to so act, and that you are acting within the scope of your designed power. These issues, and more, were...
The Equity Jurisdiction of the Supreme Court handed down a decision on 23 October 2020 in relation to legal issues in the areas of Estate Law and Property Law. Several properties which are of importance in the case are located in the Sutherland Shire.
Division 2 (in particular, section 18) of the Succession Act 2006(NSW) allows the Court to authorise wills to be made, altered or revoked for persons who do not have testamentary capacity , whilst they are still alive (s18(3)) – this includes a minor who does not have the capacity...
Overview
Wills and Estates can be a particularly complex area of law, especially where multiple family provision claims are being made. In the case of Ng v Lau; In the Estate of Ken Kui Yuen Lau [2020] NSWSC 713, a number of issues were raised including two family provision...
Case:
Kovac v Chanak [2017] NSWSC 1023 (31 July 2017)
This matter relates to the burial of “Jovan Kovac” in plot #33 at Mona Vale Cemetery in June 2012. At the time, the burial took place with the consent of the deceased’s cousin (the defendant in these proceedings),...
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...
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...
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...
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: Squire v Squire [2019] NSWCA 90 (30 April 2019)
The Family – In this case, the deceased had three...
Something we get asked all the time is, “what do I have to do now that I’m executor?”. Whilst people generally realise they need to attend to estate tasks like arranging funerals, applying for probate and generally administering the Estate of the deceased, they do not...
