Executors In Disagreement!

Executors, Inheritance and Disagreements! Disagreements between Executors can have an immensely negative impact on the administration of a deceased Estate, from slowing down the distribution of the Estate, to the beneficiaries named in the Will, to increasing legal costs and time consuming, expensive court proceedings to resolve Executor disputes. A good example of the issues that can … Continue reading Executors In Disagreement!

Close Personal Relationship

  Estate of MPS, Deceased [2017] NSWSC 482 – Family Provision Application. In order to bring a claim against a Deceased estate in NSW, you must be an eligible person as defined in section 57 of the Succession Act 2006 (NSW) (the Act).  The Act provides that one category of eligible person is “a person … Continue reading Close Personal Relationship

De Facto Will Disputes

The Estate of Peter Wolfgang Porada, Late of Pericoe [2017] NSWSC 818 Relationships can be complicated at the best of times, but even more so when one of the parties dies and the other is left to prove their relationship before the Court. In order to make a claim for further provision from a deceased … Continue reading De Facto Will Disputes

Removal of an Executor

When a Grant of Probate is obtained, the court expects the person appointed as Executor to administer the estate properly. This means that there are certain responsibilities and duties one must fulfil if one is appointed Executor. These duties include collecting the assets of the deceased, organising funeral arrangements, paying the debts owed by the … Continue reading Removal of an Executor

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?