Wills & Estates

One of the most important things you have to consider when making a Will is who you would like to act as your executor. You need to be comfortable that the nominated executor will undertake…

Entering a retirement village is a common experience for many elderly Australians. The new living arrangement can be ideal for people who are no longer able to manage a large house and garden, allowing them…

When someone dies their will, if they’ve made one, is designed to provide certainty to the deceased’s family about how his or her assets and belongings are to be distributed among them. Unfortunately, in life,…

It is a sad but universal truth. The death of a loved one consistently ranks as the most stressful experience one can have. In many cases, the emotional devastation following the loss of a parent,…

There’s no escaping it. As an adult, you have certain responsibilities, some of which are by their nature tedious, burdensome, or simply unpleasant. One of these is “putting your affairs in order”. As onerous as…

Eligibility to bring a claim for further provision from an Estate in both NSW and Victoria depends on whether you fall within the definition of “eligible person” contained in the relevant legislation. In Victoria, stepchildren…

This is a very interesting question and one that we have to deal with from time to time in our firm. The question of capacity can arise in all sorts of situations including advanced old…

“Granny Flat” arrangements come in all sorts of shapes and sizes. The traditional notion of an aged parent living in a bungalow in the back yard is only one such scenario. This usually occurs in…

Not providing all the information needed Effective Estate Planning should involve the consideration of all assets under your control. Clients are not always as forthcoming as they should be when giving instructions. Holding back information…

Whether from a Newsagent, on-line or from another source the quality of these Kits varies greatly. Even if you are confident that you have filled it out correctly and followed the instructions for signing and…

Whether you leave a Will or not your Estate could still be subject to a challenge. If you die without a Will the rules of intestacy that apply in the relevant state will dictate how…

When the Keating government introduced compulsory superannuation back in the 1992 it changed the way Australians think about funding their retirement. It has also meant that, outside of the family home, superannuation now forms a…

A Beneficiary named in a Will of a deceased person is entitled to receive a copy of that Will. A Beneficiary named in a revoked Will would usually have sufficient interest to be entitled to…

A Grant of Probate is the formal order made by the Supreme Court confirming that the Will referred to in the Grant is the last valid Will of the deceased and the Executors appointed are…

Being asked to act as an Executor carries with it some serious responsibilities. Often the person is not aware that they have been appointed to act as Executor until after the Testator has died. Before…

I recently had a client ask me what would happen if he died without a Will. His initial concern was that the estate would “go to the government”. I reassured him that that would only happen if there were no relatives entitled under the legislation in place…