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 … [Read more...] about Acting under a Power of Attorney
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 … [Read more...] about Statutory Wills – for when testamentary capacity is lacking
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 … [Read more...] about Life Estates and Will Disputes – Ng v Lau; In the Estate of Ken Kui Yuen Lau  NSWSC 713
Kovac v Chanak  NSWSC 1023 (31 July 2017) The case 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 … [Read more...] about DISPUTING A BURIAL PLOT LICENCE
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 … [Read more...] about WHAT WILL BE ACCEPTED AS AN INFORMAL WILL?
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 … [Read more...] about CAN YOU PREVENT A CLAIM?
Sergio Andres Chocron v Mina Onkoud  NSWSC 1823 A property in North Parramatta was owned by Fabian and his wife, Mina, as tenants-in-common in equal shares. The plaintiff, Fabian’s brother, … [Read more...] about AVOIDING ISSUES WITH LOAN AGREEMENTS BETWEEN FAMILY MEMBERS
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 … [Read more...] about GIFT OR LOAN – LENDING MONEY TO RELATIVES
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  … [Read more...] about AVOIDING FAMILY PROVISION CLAIMS ON YOUR ESTATE: THINGS TO CONSIDER WHEN PREPARING YOUR WILL
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 … [Read more...] about WHAT ARE MY DUTIES AS AN EXECUTOR?