Netflix film ‘I Care a Lot’ shines spotlight on mental capacity
The Netflix film I Care a Lot has got people thinking about mental capacity and what happens when you lose capacity to look after yourself. The film revolves around a…
What happened to the ‘reading of the will’?
You can picture the scene. In a wood panelled library of a law firm, leather-bound books lining the shelves, there is a long glossy conference table around which relatives of…
Who pays the debts when someone dies?
Before any of the beneficiaries of a will can receive anything from an estate, the debts of a person who died must be paid from the assets of the estate.…
Legal repercussions for a lawyer and carer perpetrating financial elder abuse
A matter is currently before the Court relating to an elderly man suffering financial abuse, being defrauded approximately 1.3m by his lawyer and carer. The elderly man entrusted a South…
University of Newcastle Older Persons Legal Clinic Launched
We were pleased to participate recently in the launch of the University of Newcastle Law School Older Persons Legal Clinic. The clinic began seeing clients over 12 months ago, but…
Catherine Henry Lawyers in the running for two prestigious Australian Law Awards
Leading regional NSW based law firm, Catherine Henry Lawyers, is in the running for two prestigious Australian Law Awards. The firm is one of eight finalists for Regional Law Firm…
Will changes, possible elder abuse and capacity issues | Our Client’s Story
When our client’s elderly sister made Will changes, removing her family and leaving her estate to a young couple she had just met, concerns of possible elder abuse were raised…
COVID-19 highlights the importance of living wills
The COVID-19 pandemic is demonstrating the importance and usefulness of advance care directives (ACDs) – sometimes referred to “living wills”. We have been talking about ACDs for years but, as…
Estate planning during the Coronavirus outbreak
The importance of estate planning has been emphasised during the Coronavirus outbreak. The pandemic has highlighted that, now more than ever, it is crucial to ensure you have up to…
Why it’s important that every adult have an Advance Care Directive?
It’s a common misconception that an Advance Care Directive only applies to the old or dying. We like to think that we will all live a healthy long life, but…
Would you trust one person to share your estate?
In 2017, British television presenter and entertainer, Bruce Forsyth, passed away at the age of 89 years. According to media reports, he left an estate worth 17 million pounds to…
Deliberate exclusion from a will
The deliberate exclusion of a child from a will happens surprisingly often. In one particular example, a daughter was intentionally left out of her mother’s will. Despite the daughter's claims…
How long do you have to contest a Will, and what is involved?
We are often contacted by people who feel that they have been unfairly left out of a Will. They usually ask how long they have to contest a Will and…
Is a former spouse entitled to contest a will? | A case study
Section 57(1)(d) of the Succession Act 2006 (NSW)[1] (‘the Act’) allows for a former spouse to make a family provision claim against an estate (in other words, contest a will).…
Why is estate planning important in family law?
Every family law situation is unique, so it’s important to ensure your estate planning arrangements have considered your current marital or relationship status and your future wishes. Consider this scenario……
I’m a step-child. Can I contest my step-parents Will?
With divorce and separation common and resulting in second and even third marriages, many people find themselves part of blended families. Blended families include a couple as well as children…
Mental capacity and signing wills
It is quite often that concerns are raised following the death of a person (‘testator’) that they may have lacked mental capacity when they signed their will. For a will…
Enduring Powers of Attorney – ways of reducing the risk of financial abuse
What is a power of attorney? Powers of Attorney in NSW are documents which allow specific people to make specific decisions for you, as though they were you. They act…
I entered into a granny flat arrangement with my son – how do I protect my interests when circumstances change or there is a falling out?
In 2018 we received an enquiry from an elderly woman looking for assistance in relation to granny flat arrangements. The client was in her 70s and required assistance around her…
I have been appointed as an Executor under a Will, what do I need to do?
When someone dies leaving a Will, the Executor named in the Will must take certain steps to administer the deceased’s estate. This will usually include identifying the deceased’s assets and…
Aretha Franklin’s Death A Reminder To Have A Will
The death of the Queen of Soul, Aretha Franklin, is a reminder to us all of the importance of having a properly written will. Aretha died without a will to…
Palliative Care Week: Local People Under-Utilising Essential Tools for End of Life Planning
A leading Hunter law firm says local people are under utilising such as advance care directives and enduring power of attorney documents which means they and their families are not…
Can a former spouse contest your will after you die?
So can a former spouse contest your will? You might be surprised by the answer and our client's fascinating High Court challenge. After the time, money and effort it can…
What is a private financial manager?
You may have heard in the news recently the NSW Civil and Administrative Tribunal (NCAT) decided that NSW Trustee & Guardian could not require private financial managers to purchase a…
Can you disinherit an estranged child?
Are you entitled to disinherit a child who chooses to have no contact with you? It is an emotive issue, and one that many people have strong views about (on…
Buried or cremated…who gets the final say?
They are questions many people don’t want to think about…when you pass away will your body be buried or cremated? Where will your remains be placed? Perhaps you want your…
Wills for minors: can an under 18 year old make a will?
In most cases, children under 18 years of age wouldn’t even think of making a will – they often have minimal assets and plan on being around for a long…
Do I need to appoint an enduring guardian if I already have an enduring power of attorney?
Yes, it’s important to have both an enduring power of attorney and an enduring guardian in place. Both of these important legal documents are normally created as part of your…
Second marriages make for tricky wills
How can my will provide for my children from my first and second marriages? The number of people entering second marriages (or more) has been increasing over the last few…
How often should you update your Will?
Don’t be fooled into thinking your will is something you can do once, then “set and forget”. Your will is an important document for your family’s future. Circumstances change and…