Australian Wills do include a “Catch Clause” and it is generally referred to as a “residuary clause” in a Will. The purpose of including a residuary clause in a Will, is to ensure that any property not mentioned in your Will, is properly disposed of without the risk of a partial intestacy arising. A partial … Continue reading Australian Wills “Catch Clause”
Same sex couples actually have the same rights as heterosexual couples when it comes to Estate Litigation. This is because of the definition of “eligible persons” under the Succession Act of New South Wales. Only people who fit into one or more of the various classes of “eligible persons” are able to make a claim … Continue reading Same Sex Couples and Estate Litigation!
If you believe that you have been treated unfairly in a Will, then you need to take action. Eligible persons, such as children, partners and dependents, are able to appeal to the Court if they believe they have been unfairly treated in a Will. In New South Wales such claims are referred to as “family … Continue reading Have You Been Treated Unfairly In A Will?
Will Disputes can tear a family apart! In the recent decision of the New South Wales Supreme Court in Smith v Smith  demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the Judge when handing down the decision highlights this impact, with the Judge … Continue reading Will Disputes – How They Can Tear A Family Apart
What is considered a close personal relationship when defining the estate of a Will? How is it different to a married or de facto relationship? What a great question. It can be very confusing trying to determine who is eligible to challenge a Will because they had a “close personal relationship” with the deceased. Under … Continue reading Close Personal Relationship – Defining The Estate of A Will
A Grant of Probate – What does “Common Form” and “Solemn Form” mean? A Grant of Probate is a necessary legal document granted by the Court that allows the Executor of the Will to deal with the deceased’s assets and debts and make sure they are distributed in accordance with the wishes of the deceased … Continue reading Grant of Probate
Disputing an Estate When You have not been in contact for a while. “I didn’t even know she had died!” Paul and Irene were in their fifties when they started living together, some 20 years ago. They made wills leaving everything to each other in 1995, but a few years later Irene developed dementia and … Continue reading Disputing an Estate after a long while!
“Dad’s got Alzheimers!” Protecting Your Inheritance – Alzheimers and dementia are curses of our time, but the loss of one’s capacity to look after oneself and one’s affairs can have other causes, and is not just a curse of the ageing. Alzheimers is not just a disease of the aged, and there are other diseases … Continue reading Protecting Your Inheritance – Alzheimers Case Study
A ‘Donatio Mortis Causa’ is often referred to as a ‘Gift on the occasion of death’. It is a conditional gift made to another person whilst the deceased is alive that, if it is not revoked by the deceased prior to their death, becomes the absolute property of the person on the deceased’s death. According … Continue reading ‘Donatio Mortis Causa’ –Gift on the Occasion of Death
Contesting a Will on the grounds of undue influence can be successful as long as you have absolute evidence that some form of coercion took place! The majority of cases alleging undue influence over the deceased when making their Will, have fallen down when it came to providing concrete evidence to the Court that the … Continue reading Contesting a Will due to Coercion and Undue Influence