Tag: Disputed Guardianship and Will

A recent judgment in spousal maintenance proceedings in the Family Court, in which trust capital was accessed to meet the husband's obligations to pay spousal maintenance, reaffirms that the powers of the Family Court are far reaching. Spousal...

If you are a trustee of a self-managed superannuation fund with a binding death benefit nomination, it’s important you understand your responsibility to remain impartial. If the fund involves a blended family, a binding death benefit nomination can...

A recent study has revealed that more than half of the calls made to the NSW Government’s Elder Abuse Helpline related to financial abuse. Many elderly people reportedly put up with or give into their children’s financial demands because they do not...

Are you going through a property settlement with your former partner? If you or your partner has a Testamentary Trust, you may be keen to know how the Family Court will treat your interests in this kind of trust. (A Testamentary Trust is one that is...

A Guardianship case in the Supreme Court last October found that a financial manager could be replaced for reasons other than incompetence or impropriety if it was in the best interests of the protected person. In M v M [2013] 1495, the Supreme Court...

Has a family member recently passed away without leaving anything from their estate for you? If so, you may be entitled to make a family provision claim under the Succession Act. A family provision claim is an application for an order for provision to be...

In the unfortunate event that you lose the ability to manage your own financial affairs, it is common for a trusted relative, friend or solicitor to take over the management of your affairs. But it is important that you elect a Power of Attorney while...

    In a very interesting case before the Supreme Court of NSW on 13 September 2013, His Honour Justice White considered an application to “suspend” the decision-making powers of a Guardian appointed under a Deed of Enduring...

While preparing a will is seen as essential for anyone who owns property or possessions and has dependents, details and security of a person’s online accounts and profiles is often overlooked. Although the Internet is a relatively recent phenomenon,...

When someone you care about dies, the circumstances of their death and the ensuing funeral arrangements can be too much to bear for some. And while this is a somewhat unsavoury topic, it is something everyone should know a little about, so that when...