Capacity is a general word, used to refer to the ability to form the necessary testamentary intent when creating a will. For a Will to be valid, the will-maker must be able to understand the nature and extent of what they own, and the competing claims on it from dependent relatives. If a will-maker lacks…Read More..
Family relationships require effort, energy, and hard work. Despite our best efforts, sometimes relationships break down irretrievably. This can often result in a family member being left out of a Will. Unfortunately, deciding to exclude a family member from a Will can have severe financial consequences if not done properly, as it may result in…Read More..
THE daughter of the late Supreme Court justice Tom Shepherdson is challenging his final will, claiming he had dementia when he made the document that left her only $5000.Read More..
What’s a will and why should you need one? A will is described as a legal document outlining how you would want your property to be distributed after you die. Getting your will done is strongly advised for the following reasons: You may select who you require to be the executor who is going to…Read More..
Succession planning is essential for a number of reasons including reducing the likelihood of your Will being contested or challenged. You may retain a lawyer to help you with as much, or as little, of the process you require, from supervision and legal advice to hand-on running of the estate and property distribution. When…Read More..
Thinking about what will happen when you die may not be a task you relish, but it is an important part of planning for the future – particularly if you have a family. Everyone over 18 years of age is entitled to make a Will as per the Australian law, however, according to a recent…Read More..
When doing something related to estate you should know that this is a serious business. A missing signature or a wrong word will change the intent of your will and you may be thrown into a long legal tussle. You or your bereaved family do not have the time or the funds to fight for…Read More..
In 2015 the New South Wales Court of Appeal had to consider whether an escort known as Ms Ashton, could make a claim against the deceased estate of Mr Pratt. The basis for her claim was an allegation that Mr Pratt has promised her a $2.5M trust account for her children in return for her…Read More..
In December 2014, the Supreme Court of Queensland authorised a statutory will for a 12 year old child who suffered from a severe disability, had a large estate as the result of a personal injuries claim and had a short life expectancy. A statutory Will is made or authorised by the court on behalf of…Read More..
In McIntosh v McIntosh  the Supreme Court of Queensland held that the administrator of a deceased estate breached her fiduciary duty to the estate by not taking active steps to ensure that the deceased’s superannuation proceeds were paid to the estate. The administrator applied to the superannuation fund to have the benefit paid to…Read More..