Category: Estates

The Trust may be broken, but the benefits are not lost!

7-August-2020 Commercial Disputes,Estates By Jamal Bakalian

Stories of feuding trustees, beneficiaries and appointors are all too common and sadly, may prevent beneficiaries from receiving the benefit of the Trust. Although such a loss would understandably be the cause of much anxiety for beneficiaries, the good...

When friends become family: how a dependence between friends may pave the way for a future claim for Family Provision

1-June-2020 Estates By Jamal Bakalian

When we think of family provisions claims that are made against a deceased person’s estate, we often think of the sister who was left out of the will, or the estranged but now returned prodigal son…we rarely consider friends who are not...

When should you consider appointing an independent executor?

28-May-2020 Estates By Mark Streeter

Are you concerned that your assets will be drained by bickering family members during the administration of your estate? Are you currently trying to administer an estate but are being held back by an uncooperative coexecutor? If so, you may wish to...

Feel like you can delay claiming against a Will? Leave it too late and you might miss out

5-May-2020 Estates By Jamal Bakalian

It is often said that “time is of the essence”. In the case of Choras v Farmakidis [2020] NSWSC 367, Mr Choras learnt just how true that expression is in the Family Provision jurisdiction of the Supreme Court of New South Wales' In New South...

Blended Families; What to do with your Will?

7-June-2019 Contested Wills,Estates By Mark Streeter

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...

Advance directive is a critical document in a healthcare emergency

10-February-2016 Guardianship,Estates By Mark Streeter

If and when the time comes that you are unable to communicate or manage your own affairs, there are many decisions to be made by those who care for you. To make things easier for them and to ensure your wishes are known, you can put in place ahead of...

Trusts can be included in property settlements

20-March-2014 Family Law,Estates By Simone Green

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...

How to change a financial manager

3-March-2014 Estates By Mark Streeter

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...

How to claim on a family member’s will

1-November-2013 Estates By Mark Streeter

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...

Dealing with the death of a loved one

7-July-2013 Estates By Mark Streeter

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...