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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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).…
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……
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…