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
A Testamentary Trust is a Trust that is set up in your Will to look after your loved ones after you are gone. As a Testamentary Trust is included in your Will it only comes into existence after you die! The way a Testamentary Trust works is that you set up a Trust in your … Continue reading How does a Testamentary Trust Work?
Inheritance Tax and Trust Funds can be complicated to set up, here is a scenario that I’m often confronted with. I would like to put $150,000 in Trust to each of my four children who are all in their 20’s. Will they have to pay inheritance tax or will they be exempt? Generally, when people … Continue reading Inheritance Tax and Trust Funds
Knowing what to do when you lose a parent can be one of the hardest situations to experience. As well as dealing with the loss of a loved one, you may also have to deal and handle the effect of their death, which may include, ensuring that the wishes set out in their Will are … Continue reading What To Do When A Parent Dies!
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”
I am the single parent of a child with severe disabilities. What can I do in relation to providing for them in my Will? I want to ensure that they are properly taken care of when I am no longer able to. You are not alone in worrying about what will happen to your child … Continue reading Single Parent Of A Child With Disabilities