Testamentary Capacity

For a will to be valid, the person making the will must have testamentary capacity. When making a will, the will maker must be of a sound mind, understand the effect of making a will and they must know what assets they have. The Courts can set aside a will if it can be established … Continue reading Testamentary Capacity

Testamentary Freedom In A Will

Testamentary Freedom in a Will,  is commonly spoken about in relation to being able to leave your assets to whoever you wish. However, in all Australian jurisdictions Testamentary Freedom is tempered by family provision legislation, which requires a person to make adequate provision for the proper maintenance, advancement and education in life of an eligible … Continue reading Testamentary Freedom In A Will

Inheritance Disputes

An inheritance dispute case, that was a recent decision of the Supreme Court of New South Wales, highlights the issues that can arise when challenging an inheritance where the main asset is the family home. In Manning v Matsen [2015] NSWSC 1801-  a brother and sister fought over their entitlement to their family home after … Continue reading Inheritance Disputes

Uncontested Application!

An “Uncontested Application” requires expert legal advice from a lawyer who deals in Estate Litigation. When a person dies, there is a legal process that needs to be followed to allow their assets and liabilities to be administered. This process is referred to as a Grant of Probate and it requires the making of a … Continue reading Uncontested Application!

Celebrity Contested Wills

Celebrity Wills – What do James Brown, Jimi Hendrix, Anna Nicole Smith, Robin Williams and Gary Coleman all have in common?  All of the Wills left behind by these Celebrities were contested and challenged! Families, ex-wives, sibling rivalry… nothing is off limits! But when it comes down to it, isn’t there a bit of celebrity … Continue reading Celebrity Contested Wills

Can A Carer Challenge A Will?

It is possible for a Carer to challenge a Will. In New South Wales the Succession Act sets out the classes of people considered “eligible persons” to challenge a Will. As well as children and spouses of the deceased, one group of eligible persons to challenge a Will is a person who was living in … Continue reading Can A Carer Challenge A Will?

What is Estate Litigation?

What is Estate Litigation? Estate Litigation is a challenge to the Will of a deceased person. This challenge can arise in a number of ways including: The belief that when the deceased made their Will they were lacking testamentary capacity, which is the mental capacity and intent to make a Will. This issue will often … Continue reading What is Estate Litigation?