Battle of Wills – My husband died 6 months ago and left $150,000 to one of my sons and to the other, our holiday home. I feel that this is a little unfair given that the price of the house is worth approximately $400,000 – $500,000. As his widow am I able to Contest … Continue reading Battle of Wills
What is the Court process for Contesting a Will and is it Expensive? – There are a number of legal grounds available to Contest a Will, so the Court process and costs will vary depending on which legal ground is used. Family Provision Claim Court process and costs – A Family Provision Claim is a claim … Continue reading Court Process For Contesting a Will
Inheritance Tax, commonly referred to as “death duties”, has not applied in Australia since 1981. Despite abolishing Inheritance Tax, there are still a number of taxes, that may impact on you if you receive an inheritance from a deceased Estate. Capital Gains Tax If you inherit shares or real estate then Capital Gains Tax may … Continue reading Death Duties In Australia!
A Fiduciary relationship is a term used to explain the relationship of confidence that exists between certain people such as a lawyer and client, or the Executor of a deceased Estate and the beneficiaries of that Estate. A Fiduciary, such as an Executor of a deceased Estate, has a legal and ethical obligation to protect … Continue reading What is a Fiduciary and why are they used?
I’m interested in finding out more about Estate Planning. Is this something that can be discussed when I see my lawyer to make a Will, or do I need to see my accountant as it involves financials? Estate Planning is definitely something that you need to discuss with your Lawyer, even before you consider making … Continue reading Estate Planning
Death, funeral expenses and contesting Wills and we thought that life was complicated! Here is a scenario that can cause dilemmas for many families. My father died and I have been left with the costs of his Funeral Expenses and the sale of his house. Sixty per cent of his Will has been left to … Continue reading Death, Funeral Expenses and Contesting Wills!
What is the different between Testamentary and Discretionary Trusts, below is a short explanation of each. What is a “Trust”? A Trust is a legal arrangement where you appoint a Trustee to hold your assets for the benefit of your beneficiaries. Trusts can be set up in many different ways to suit your circumstances … Continue reading The Difference Between Testamentary and Discretionary Trusts
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?
Probate is a word that is often mentioned in Estate matters. When a person dies their Will needs to be filed with the Court so that a Grant of Probate can be made. The application to the Court for a Grant of Probate includes, a statement from the Executor, that the Will is the last … Continue reading What Is A Caveat In A Probate Procedure?