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What are Chattels

July 1, 2018 What are Chattels and why is it important for the value to be known for the sake of the beneficiaries? Chattels are commonly defined as "moveable property". In terms of a deceased estate ‘chattels’ will include the personal property of…

Revoking a Grant of Probate

June 1, 2018 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:…

Deceased Gives Cheque That Gets Cashed After Death

May 1, 2018 In a recent case regarding a disputed estate, an issue arose as to whether a cheque not cashed before the deceased’s death should be regarded as a gift or whether the money was to be returned to the deceased estate.…

Disputes Between Executors

April 1, 2018 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…

Deed of Variation

March 1, 2018 A Deed of Variation is a legal document that changes the terms of a person’s Will after their death. Why would you need a Deed of Variation? There are several reasons why the beneficiaries to a Will may wish to…

What is Inheritance Tax? Who pays and How Much?

February 1, 2018 Inheritance Tax Refers to the range of taxes that may be payable by a person who receives a benefit under a Will (referred to as a ‘beneficiary’). In the past Inheritance Tax usually referred to the payment of ‘death duties’…

Stopping Probate using a Caveat in a Will Claim

January 1, 2018 A common issue that can arise in a Will claim is the danger that the Court may issue a Grant of Probate of a deceased’s Will, which allows the Executor to start distributing the assets to the beneficiaries listed in…

Insolvent Estates

December 1, 2017 What happens with an insolvent estate when the value of the liabilities exceed the value of the assets? If you are a beneficiary under a Will where the liabilities of the deceased are more than the assets of the deceased…

What the Term “issue” Means When Used in a Will

November 1, 2017 Wills can often include the following clause: “To Divide the Residue of my Estate in Equal shares per capita between all such ISSUE of my Parent” When used in a Will in this context, the term "issue" refers to the…

Who Pays The Taxes?

October 1, 2017 Jo Bjelke-Petersen is famous for many things, but today we tend to forget that he brought about the end of death or estate duties in Australia. In the seventies, the states had death duties, calculated on the value of a…