What is a residuary clause in a Will?
What is a residuary clause in a Will? A residuary clause in a Will can ensure that any property not mentioned in your Will is properly disposed of without the risk of a partial intestacy arising. A partial intestacy means, that a gift in the Will has failed and that part of the property will […]
Can a wife contest a Will?
Can a wife contest a Will? “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 […]
Contesting a Will (Costs and Process)
How much does it cost to contest a Will in court and what is the process? There are a number of legal grounds available to Contest a Will. The Court process and costs will vary depending on which legal ground is used. What is a family provision claim? A Family Provision Claim is a claim […]
Who pays for a funeral? Who pays the costs of selling property when someone dies?
Who pays for a funeral? Funeral expenses are usually paid from the Estate of the deceased and are handled by the Executor. If you are the Executor and you paid for the Funeral Expenses, then you are entitled to be reimbursed from the Estate. If you were not the Executor named in the Will but […]
Case Study: Same Sex Couples and Estate Litigation
Calokerinos, Executor of the Estate of the late George Sclavos v Yasilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Scalvos [2017] NSWSC 666 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 […]
Case Study: “Bindoff v The Trust Company (Australia) Ltd”; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100
Case Study: “Bindoff v The Trust Company (Australia) Ltd”; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100 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 […]
Case Study: How Will Disputes Can Tear A Family Apart
Case Study: How Will Disputes Can Tear A Family Apart Will Disputes can tear a family apart! The decision in the New South Wales Supreme Court in Smith v Smith [2016] demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the Judge when handing down […]
Estate Pascale [2016] NSWSC 443 – Competing Family Provision Claims
Case Study: Estate Pascale [2016] NSWSC 443 The recent decision of Estate Pascale [2016] NSWSC 443 considered what happens when there are numerous competing claims on a deceased Estate. The deceased was involved in four long-term relationships during his life made up of three marriages and one long term de facto relationship. There were two […]
Challenge a Will on the grounds of ‘undue influence’
I would like to challenge my fathers Will on the grounds of ‘undue influence’“We each want to provide for own children” I would like to challenge my fathers Will on the grounds of ‘undue influence’. His new wife of nine months had him change his Will in the last three months of his life when […]
Challenging my Ex-Husbands Will
I would like to challenge my late ex-husbands Will I don’t believe he adequately provided for my son who is now 16 (he was 14 when his father passed). The bulk of the estate went to his current wife – is it too late to contest the Will? It is not too late to contest […]