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
Succession Planning is the term used for getting your affairs in order. It is about protecting your family and loved ones in the event that something happens to you, by ensuring that they are financially secure. Succession Planning covers a wide range of matters, including your Will and how you wish to distribute your assets, … Continue reading Succession Planning
I have assets Asia and Australia. Do I need a Will in each jurisdiction? Owning assets in different countries is a common factor in the lives of many Australians. It can be a legacy from migrant parents as well as a reflection on the increasing international lifestyle options available as travel becomes easier and less … Continue reading Wills in Asia and Australia
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
Estate Planning at Sydney Wills Lawyers, is an area of our lawyers expertise! See below the services we offer, including Powers of Attorney, Wills, Guardianships and Asset Protection. Many elderly relatives rely on their families in old age. At Sydney Wills Lawyers we can help advise you on a number of relevant legal matters, including … Continue reading Importance of Estate Planning
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  NSWSC 1801- a brother and sister fought over their entitlement to their family home after … Continue reading Inheritance Disputes
If I have a Pre-Nup with my husband and he doesn’t have a Will, does that mean I will be “left out of the Will” if anything happens to him? In Australia a pre-nuptial agreement is dealt with under the Family Law Act and referred to as a “Binding Financial Agreement.” These agreements can be … Continue reading Pre-Nup – Left Out Of The Will
A Deed of Variation is a legal document that changes the terms of a person’s Will after their death. Why would you need a Deed of Variation? There are several reasons why the beneficiaries to a Will may wish to change the terms of the Will. In all Australian States it is possible for eligible … Continue reading Deed of Variation
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!
A Will is not a public document while a person is alive. When a person dies there are a number of people who are entitled to see a copy of the deceased’s Will. This includes: Any person named or referred to in the Will whether as a beneficiary or not; Any person named or referred … Continue reading Is a Will a Public Document?