When Is A Will Not Valid?
When Is A Will Not Valid? Most of the disputes about Wills fall into one or the other of two categories: 1) Someone has not been provided for adequately in the Will. (Learn more: Left out of a Will). 2) Some formality has not been complied with. What makes a Will valid in NSW: It is […]
Estate planning for disabled beneficiaries
How to create a testamentary trust for a disabled child “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 […]
The executors fiduciary duty (explained)
What is a fiduciary relationship? A Fiduciary relationship explains 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. Does an Executor of a Will have a fiduciary relationship? A Fiduciary, such as an Executor of a […]
What is The Guardianship Tribunal NSW?
What is The Guardianship Tribunal NSW? (Guardianship Division NCAT) The Guardianship Tribunal NSW (or Guardianship Division NCAT) determines applications for adults who are incapable of making their own decisions and who may require a legally appointed substitute decision maker. This is called a “Guardian”. It’s important to choose an Enduring Power of Attorney in the […]
Do I need to tell Centrelink if I get an inheritance?
“I am currently on benefit through Centrelink and have recently received a small inheritance from an Estate of $20,000. I’m concerned that this will affect my payments. Do I have to disclose the inheritance to Centrelink? And do I have to pay tax on the $20,000?” Do I need to tell Centrelink if I get […]
How do I protect my assets in a second marriage?
How do I protect my assets in a second marriage? “We each want to provide for our own children” I am Remarried and Want To Protect My Children’s Inheritance With well over a third of relationships failing, there are more single people seeking to re-partner, whether it be in a marriage or a de facto […]
Who has the right to deal with a person’s body after they have died?
Who has the right to deal with a person’s body after they have died? It’s important to clarify in your Will HOW you want your remains to be processed after you die and WHO is responsible. But what happens if the Will doesn’t specify this? According to case law, the Executor or Executors of a […]
FAQ: Trust Funds and Retirement Homes
Looking to the future! “Is it a good idea to have a Trust Fund? My mother is going to have to sell her home to go into care facilities – Is it correct that if the money is put into Trust it can’t be accessed by the Care Home to pay for her facilities?” With […]
Do you need a lawyer or solicitor for Probate?
Do you need a lawyer or solicitor for Probate? You don’t legally need a lawyer or solicitor for Probate. But it can save time, money and stress. Here’s a real client case study: Northern Beaches Lawyers was recently asked to advise and assist a client who had used a non-legal Probate service to act on […]
“When I die, will my kids have to move into a new house?”
“When I die, will my kids have to move into a new house?” “I don’t want the kids to have to move” Protecting Your Childrens Inheritance – Many parents are concerned that if they die they do not want the family to have to move – they believe that the death will be traumatic enough […]