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Statutory wills - for when testamentary capacity is lacking capacity estate planning estates family provision intestacy statutory will succession act supreme court wills Sep 08, 2020

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...

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Life estates and will disputes contested will estate planning estates family provision probate wills Jun 24, 2020

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...

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What will be accepted as an Informal Will? estate planning estates informal wills wills Feb 14, 2020

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...

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Can you prevent a claim? estate planning estates family provision probate wills Feb 13, 2020

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...

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Avoiding family provision claims on your Estate: things to consider when preparing your Will estate planning estates family provision wills Nov 22, 2019

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...

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What are my duties as Executor? estate planning executor duties wills Nov 13, 2019

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...

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Choosing your Executor estate planning estates executor duties wills Oct 15, 2019

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),...

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Clarifying the deceased’s relationships at the time of death – and determining who has the right to decide on burial or cremation deceased estate estates intestacy wills Mar 22, 2019

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...

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Family Provision - full and frank disclosure in contested estates contested will deceased estate estates family provision wills Mar 21, 2019

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...

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"Crisp orders" - more than just a life interest estate planning estates family provision wills Sep 06, 2018

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...

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"I leave everything to my children" - does this include adopted children? contested will estate planning estates wills Apr 16, 2018

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 ...

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Know your rights as a beneficiary beneficiaries estate planning estates trusts wills Apr 05, 2018

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.

  1. Right to Information

You have the right to be kept informed of factors concerning probate and distribution of your entitlement under the Will.  This...

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