Intestacy and Same-Sex Couples The negative consequences of not making a will If you die without leaving a will, you die intestate and your estate will be distributed according to the Succession Act 2004 (NSW) which sets out a statutory formula. Normally, if you die leaving a spouse or children, they will take priority when … Continue reading Intestacy and Same-Sex Couples NSW
What is mediation and is it worth pursuing? Often in a case, your solicitor or the Court may recommend that you go to mediation. This is because a successful mediation usually results in a significant saving of legal costs, provides certainty of outcome and allows the parties to craft a settlement that is often more … Continue reading The Importance Of Mediation
What Evidence Is Needed to Successfully Challenge A Will In NSW? When you are challenging a Will, the evidence that you can put before the Court will decide whether your Will Challenge is successful. The stronger the evidence you can provide to the Court, the stronger your chances of success. This evidence should include evidence … Continue reading Successfully Challenge A Will
Family Provision Claim on an Estate Anderson v Hill  NSWSC 1149 In today’s world, it is becoming increasingly common for people to be part of blended families where the children’s parents have remarried. In such cases, a child might still be eligible to make a family provision claim on their parent’s estate even though … Continue reading Family Provision Claim on a Disputed Estate
Contesting A Will If you believe that you should have inherited under a Will, but you didn’t, there are actions you can take to contest the Will. In New South Wales these actions are commonly referred to as “family provision claims” and they are available to eligible people, who believe that a Will did … Continue reading Should You Have Inherited…But Didn’t!
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!
Estate of MPS, Deceased  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
The Estate of Peter Wolfgang Porada, Late of Pericoe  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
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
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