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?
What is an Inheritance Dispute? When people talk about an Inheritance Dispute, they are generally talking about a family provision claim under the New South Wales Succession Act. Under the Succession Act eligible people are able to make a family provision claim if they believe that they have been unfairly treated in a Will. Eligible … Continue reading Inheritance Dispute and a Contested Will
A common issue that can arise in a Will claim is the danger that the Court may issue a Grant of Probate of a deceased’s Will, which allows the Executor to start distributing the assets to the beneficiaries listed in the Will. To stop this happening, it is possible to lodge a Caveat with the … Continue reading Stopping Probate using a Caveat in a Will Claim
Applying for a caveatfor an incorrectly executed Will is possible. In New South Wales to be valid, a Will needs to be signed by the person making the Will in front of two witnesses. If you believe that a Will has been incorrectly executed, you need to act quickly to protect your position and your … Continue reading Caveat for an Incorrectly Executed Will
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
My mother has been looking to buy a property in a Retirement Home in NSW. As an only child, I have assumed that upon her death I would inherit the property, but in some of the villages that she has looked at, a proportion of the sale goes back to the Retirement Home. Is this … Continue reading Retirement Homes In NSW And Your Inheritance!
Is it a good idea to discuss your Will with your family before you pass. If you do and they are not happy, are they able to get a lawyer to make changes to your requests? Although you have no obligation to discuss your Will with your family before you pass it can be a … Continue reading Should I Discuss My 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?