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!
Are Trusts just for the wealthy? Sydney Trust Lawyers No, Trusts are not just for the wealthy. Trusts, are a well accepted and expert way to deal with a number of issues that can arise in any family, rich or poor. Trusts & Young Children Setting up a Trust in your Will is one way … Continue reading Are Trusts just for the wealthy – Trust Lawyers
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 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
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 Whether your father’s first Will remains valid, will depend on whether his first Will has been revoked.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!
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!
Contesting A Will That’s Not Up-to-Date In NSW My grandmother has died without leaving an up-to-date Will. She has left the bulk of her Estate to my father and his brother. My father was estranged from her and had not seen her for many years. I have lived and taken care of her for the past … Continue reading Contesting A Will That’s Not Up-to-date
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