Trustee’s Personal Liability For Negligence in NSW Are Estate Trustee’s open to personal liability for negligence, when handling an Estate? Trustee’s of deceased Estates are subject to numerous duties that they have a legal obligation to carry out including paying the debts of the Estate, gathering in the assets of the Estate and ensuring that the … Continue reading Trustee’s Personal Liability
Why are an increasing number of Australians Challenging Wills? This is a question that four of Australia’s universities found extremely interesting. So interesting that they researched it and released a research paper called “Having the Last Word – Will Making and Contestation in Australia.” The research undertaken found that adult children are the most common people … Continue reading Australians Challenging Wills!
Same Sex Marriage & Wills in NSW The effect marriage will have on your will In early December 2017, the Australian Parliament passed legislation which amends the Marriage Act 1961 (Cth) allowing same sex couples to legally marry under Australian Law. Prior to this Act of Parliament, people who were in same-sex relationships did not … Continue reading Same Sex Marriage & Wills
Challenge A Gift Yes, it is possible to challenge a gift given by the deceased while they were alive. In a recent case Anderson v Anderson  the Court had to consider a similar situation. In this case Mrs Anderson died in 2009 aged 81 years. Her main asset was her family home. Mrs Anderson … Continue reading Gift In Life – Challenge In Death?
Increase in financial elder abuse in Australia Australia has an ageing population and people are living longer than ever before. As a consequence there are a growing number of cases involving elder abuse in Australia. Elder abuse may involve physical, emotional, social or financial abuse. In the area of wills and estates, financial elder abuse … Continue reading Elder Abuse!
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!