Law Info

Trustee’s Personal Liability

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

Australians Challenging Wills!

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

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

Ambiguous Wills

Ambiguous Wills In NSW The importance of properly drafting a will A Will is a fundamentally important testamentary document which sets out how your assets will be distributed after death. To ensure that your testamentary wishes are documented correctly, it is pivotal that your Will is drafted in clear terms and is not ambiguous. Poorly … Continue reading Ambiguous Wills

Revoked Will and Nothing New!

Revoking a Will In NSW –  My father destroyed his first Will when he remarried. However, on his death, we are not able to find a new Will. Does the first Will remain valid? Whether your father’s first Will remains valid, will depend on whether his first Will has been revoked. Under the Succession Act … Continue reading Revoked Will and Nothing New!

Elder Abuse!

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!