Northern Beaches Lawyers was recently asked to advise and assist a client who had used a non-legal Probate service to act on the Probate of her late husband’s Will. The consequences of her application were that the Probate application was defective in many respects, most importantly in that it recorded the deceased’s brother as being … Continue reading Transfer of Land – Probate gone Wrong
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
Northern Beaches Lawyers recently successfully obtained a significant inheritance for our clients by negotiation without recourse to a Court case or litigation in circumstances where the clients had previously been advised by another lawyer that they would be unsuccessful. The daughter of our client approached Northern Beaches Lawyers concerned that her mother, herself and her … Continue reading Inheritance Dispute Case Study
Children Left Out of a Will – Northern Beaches Lawyers successfully obtained orders that children of the deceased be granted a share of his real estate despite the fact that a Will made shortly before his death left everything to his second wife. This is a case that shares features with a number of cases … Continue reading Children Left Out of a Will in Favour of Second Wife
Northern Beaches Lawyers were recently asked to advise in relation to being left out of a will, where a half-brother had left his entire estate to strangers believed to be neighbours of the elderly gentleman. His wife had predeceased him some years earlier, and there was a suggestion that he suffered some dementia before moving into … Continue reading Estranged Siblings Left Out Of Will And All Given To Next Door Neighbours
How long do you have to Contest A Will – Can you contest a Will two years after a death? You have twelve months from the date of death of the deceased to contest their Will. This means that within twelve months of the death of the deceased, you need to file an Application in … Continue reading Can You Contest A Will Two Years After A Death?
A look at a recent NSW Supreme Court decision on Testamentary Trusts for children with a disability Testamentary Trusts are Trusts established in a person’s Will where a Trustee is appointed to manage assets gifted to beneficiaries under the Will. Testamentary Trusts are often used when the deceased has young children or a child with … Continue reading Testamentary Trusts Lawyers – For Children with a Disability