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
The recent case of Ryan v Dalton highlights the role of testamentary capacity when making a will. The case emphasised that there is a burden on the proponent of the will to demonstrate to the court … [Read more...] about A “free and capable testator” – when capacity is questioned
On 10 August 2017, the Supreme Court yet again made an order in favour of an adult child who claimed for a larger share of their deceased parent's estate, under the family provision laws: Towson v … [Read more...] about Another successful claim by an adult child for further provision from their parent’s estate
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 … [Read more...] about Who can see the Will?
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 … [Read more...] about Estate planning for blended families
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 … [Read more...] about Leaving a relative out of a will
A recent Supreme Court decision (Lodin v Lodin; Estate of Dr Mohammad Masoud Lodin  NSWSC 10) has highlighted the rights that former spouses may have to make a claim on a deceased’s estate – … [Read more...] about Can a former spouse make a claim on my estate?
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 … [Read more...] about Keeping your estate out of Court
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 … [Read more...] about Case update – adult children challenging a parent’s estate
When preparing a Will, it is crucial that it is prepared in accordance with the relevant laws – in New South Wales, that law is the Succession Act 2006. Otherwise, your Will is at risk of being an … [Read more...] about 8 common mistakes to avoid when drafting your Will