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 Whether your father’s first Will remains valid, will depend on whether his first Will has been revoked.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
Defending a Will in NSW I was in a same-sex de facto relationship. Unfortunately, my partner died and left the bulk of his Estate to me. His family did not recognise us as a couple and are now making a claim on his Will. How do I go about defending myself? Your partner’s family are making … Continue reading Defending A Will
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!