Category: Contested Wills

The one audit you definitely can’t afford to fail…

31-October-2019 Contested Wills By admin

So as you have probably gathered from our last article ‘How being a nice person may finally do your wallet some good’ the role of an Executor is an important one that involves carrying out many duties and responsibilities to ensure that the Estate of...

How being a nice person may finally do your wallet some good

5-September-2019 Contested Wills By admin

Friends, Administrators, Executors, lend me your ears…I bring you news of good fortune and prosperity that may await you once your days of administering your loved one’s Estate are over. Gone are the days of sighing with trepidation as you learn...

Blended Families; What to do with your Will?

7-June-2019 Contested Wills By admin

A “blended family” is a family where one or both of the parties to the relationship have children from a prior marriage or relationship. Unlike a Will for a family in which the children are children of both parties, in a blended family, one spouse...

Do I have even have a case against them?

14-June-2018 Contested Wills By admin

Can a family-provision claim be brought against the estate of a step-father by a son whose mother has died? In the case of Hill v Anderson, The Supreme Court recently considered whether David Anderson was adequately provided for following the death of...

How do you remove an incompetent Executor?

15-December-2014 Guardianship,Contested Wills By admin

Beneficiaries of wills and estates, where probate already has been ordered, are sometimes faced with a conundrum of how to deal with an Executor who is not doing the job properly. In such circumstances it may be possible for the beneficiaries (as...

How to ensure your will is valid

6-December-2014 Guardianship,Contested Wills By admin

Homemade documents, such as do-it-yourself will kits or handwritten notes, are often inadequate in clearly stipulating what you wish to happen to your assets after you die. A properly laid out and executed will can avoid unintended consequences,...

Executors who fail to collect estate assets can be liable to beneficiaries

Contested Wills By admin

The role of the executors of a will is to identify and collect the assets of the estate and then distribute them according to the will left by the deceased. But what happens if the executors fail to perform their role properly? In the case of Bird v...

Trustees risk penalties for acting on bias

26-May-2014 Contested Wills By admin

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...

Elderly a target for financial abuse

12-May-2014 Family Law,Contested Wills By admin

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...

How to claim on a family member’s will

1-November-2013 Contested Wills By admin

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...