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 capacity when they signed their will. For a will to…
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…
Deliberate Exclusion from a Will
A common scenario occurring more than one may think is the deliberate exclusion of a child from a Will. This has come up recently where a daughter was left out…
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 advanced 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…
Case Study: Is a former spouse entitled to contest a will?
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).…
Would you trust one person to share your estate?
Bruce Forsyth, British television presenter and entertainer, passed away recently at the age of 89 years. According to media reports, he left an estate worth 17 million pounds to his…
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…
How long do you have to contest a Will, and what is involved?
Certain people, known as 'eligible persons' can make a claim for provision from an estate if they are either left out or not adequately provided for. These claims are known as family provision…
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…
What If Something Happens to Me? – Part 1
Assistance on making decisions for later life Most of our lives we are used to making decisions about financial, legal and health matters on our own or with people close…
What If Something Happens to Me? – Part 2
This is the second part of our blog which deals with making decisions for later life. Part one dealt with financial decisions which you can read here. Health and lifestyle…
Dying to Know Day
The D-word. We have no shortage of names for it, but when faced with death we are often lost for words. Our superstitions and fears about dying, and the discomfort we…
Will disputes: Family Provision claims explained
If you believe that you have not received adequate provision for your maintenance, education or advancement in life under the Will of a relative, spouse, former spouse or someone with…
Will disputes: Notional Estates
With the New South Wales Supreme Court having recently been charged with considering the adequacy of provision from the estate of the late Neville Wran (view the article), it is…
“Where there’s a will, there’s a way” – or is there? Inheritances and assisted suicides
How does the law regard inheritances and assisted suicides? For a long time, our laws have reflected a general belief that a person shouldn’t directly benefit under someone’s will if they’ve…
