What are Dependent Support Claims in Contested Wills in NSW? Dependent Support Claims in Contested Wills, are claims made against a deceased Estate by dependents of the deceased. They are generally made by adults -being either adult children, step children or grandchildren of the deceased under the family provision claim section of the Succession Act. … Continue reading Dependent Support Claims in Contested Wills
Grant Of Representation Probate Lawyers Sydney NSW Grant of Representation is also known as a Grant of Probate and it is the official legal document from the Court that allows a person, usually the Executor named in the Will of the deceased, to deal with the assets of a deceased Estate. The usual process after … Continue reading Grant of Representation – Sydney Probate Lawyers
Probate difficulties In NSW? Probate can come with a few difficulties! Probate is the formal application that is made to the Court after a person has died. The purpose of the application to the Court is to establish the validity of the Will of the deceased so that the Executors named in the Wil,l can … Continue reading Probate Difficulties
Can I Inherit A Larger Share Of My Parents Estate? As a carer of my parents am I able to inherit a larger share of their Estate? I have given up my job to do this, whereas my siblings are still living in their own homes and have full time jobs. Caring for elderly parents … Continue reading Can I Inherit A Larger Share?
Is it a good idea to talk to my parents about what is in their Will, or is this not really the thing to do? A discussion with your parents about what is in their Wills is a wonderful idea. Most families avoid these types of discussions as they can be uncomfortable, but by asking … Continue reading Talking Wills With Your Parents!
Succession Act and Challenging A Will In NSW In most States of Australia legislation is in place to assist people in challenging a Will. In New South Wales this legislation is called the Succession Act. The Succession Act sets out who and how a person can Challenge a Will. Under the Act only people who … Continue reading Succession Act and Challenging A Will
Who Pays For A Family Provision Claim and What Is It? Family provision claims are claims made by a person against a deceased Estate where they have not been included in the deceased’s Will or when they believe they should have received a greater share of the deceased’s Estate. A family provision claim can only be made by … Continue reading Family Provision Claim – What is it?
What Is The Interpretation of Personal Possessions In A Will? This has long been the subject of court decisions about what is included in “personal possessions” and how they are to be distributed to beneficiaries. A recent case in the New South Wales Supreme Court, Lowe v Lowe , examined the meaning of “personal effects” … Continue reading Interpretation of Personal Possessions In A Will
Can I Contest My Father’s Will? I wish to contest my father’s Will. I am unsure how to go about this. Will I have to go to Court? And will I have to pay court costs and legal fees? The two main questions that need to be considered when Contesting a Will are: (a) Am … Continue reading Contesting My Father’s Will
The question of who can benefit under Inheritance Laws, will depend on whether a person has left behind a valid Will or not. If a person has left behind a valid Will, then the people named as beneficiaries in their Will, generally inherit the assets left to them in the Will. The exception to this is … Continue reading Inheritance & Who Can Benefit