As estate lawyers, we often have clients come in to make a Will and they have not heard of testamentary trusts. Or if they have heard of them, they assume they are overly complicated or just for those that have … Read More
Losing a family member will be trying at the best of times, but when there is a dispute over the will things can quickly become quite messy. It is ideal to try to resolve estate disputes without going to Court … Read More
If you are reading this article, chances are you or someone you know, has a lot on their plate right now. You are likely to be the person coordinating and communicating with other family members, you’re likely to be fielding … Read More
Imagine discovering that you do not have control about who your superannuation will go to upon your passing, even though you have documented your wishes in a will. A nasty surprise and it is occurring more than you might think. … Read More
A will is a legal document that is intended to clearly set out a person’s wishes after they die. Among other things, a will may determine how your assets will be divided, appoint executors to administer your estate, name a … Read More
If you have faced the task of dealing with a loved one’s estate, then you may have been asked by a bank or other third party to provide either a Grant of Probate or Letters of Administration. One of the … Read More
The recent amendments to the Marriage Act, that came into effect as of 9 December 2017, may have inadvertently revoked your Will. For couples in the ACT, getting married automatically revokes any Will you have in place before marriage – … Read More
By Phil Davey A recent decision of Justice Brereton in Lodin v Lodin: Estate of Dr Mohammad Masoud Lodin throws light on the circumstances in which a former spouse can make a claim against an estate by way of a … Read More
[template id=”755″] By Rehana Richard Significant changes to the Power of Attorney Act 2006 (ACT) came into effect on 1 September 2016. Whether you have an existing Enduring Power of Attorney or are thinking of making an Enduring Power of … Read More
High Court decisions regarding wills and estates matters are relatively few and far between, so it is always of interest when a matter is considered by the High Court. The High Court recently handed down the decision of Badenach v … Read More
Many Australians are turning to assisted reproduction technologies to conceive but have they considered what will happen to any stored genetic material in the event of their death? This question was considered by the ACT Supreme Court in a recent … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
The Court of Appeal in WA has confirmed how important it is to consider superannuation when you do your will and your will if you do a binding death nomination in relation to your superannuation. Neither should be done in … Read More
Dying without a Will can lead to unexpected results, especially for the family of a person who has recently gone through family law proceedings. Media reports recently shared the story of a young man who died unexpectedly at the age … Read More
Wilcox v Wilcox involved a claim by two grandsons against their grandfather’s will. The grandfather’s estate was worth around $5.5 million and was left mostly to his only daughter who was the mother of his two grandsons. Justice Pembroke, after … Read More
I am regularly asked about whether an official “reading of the Will” needs to take place after someone has died. You have probably seen American movies where the family gathers after the death of a relative in an oak-panelled office … Read More
On 14 May 2014, the ACT Legislative Assembly amended the Family Provision Act 1969 to reduce the time for making a family provision claim from 12 months to 6 months after the grant of representation. This means that eligible applicants … Read More
The Minister for Education, Christopher Pyne, recently caused a media stir by floating the idea that the government should recover HECS debts from students who have died. Tony Abbott quickly announced that he would not be making any changes to … Read More
A recent New South Wales Supreme Court judgment shows just how costly a failed family provision claim can be. Friend v Brian & Anor [2014] NSWSC 613 involved a claim by an adult daughter against her father’s will. Her father’s … Read More
A statement in a Will excluding particular persons may be ineffective if the estate is distributed on intestacy. The ACT Supreme Court recently handed down a decision in the Estate of McMullen [2014] ACTSC 53. The testator had made a … Read More
The death of a loved one can be an overwhelming, confusing and busy time. Although nothing will remove the sting of grief, unnecessary stress can be reduced by understanding the steps involved and seeking the right advice. Most of the … Read More
Family provision is a growing area of law and high profile estate disputes are increasingly being reported in mainstream media. There are many reasons why you may not want another person to receive anything from your estate when you die … Read More
When last did you review your will, insurance or superannuation fund? The reality is many do not think twice about these important issues after a separation or divorce. Dobinson Davey Clifford Simpson recommends you do so, especially if you no … Read More
Court proceedings can be lengthy. While waiting for the final outcome, money and property may be tied up when you need it most. What can be done? It is possible to apply to the Court during property settlement proceedings for … Read More
Common questions about wills after a separation. Should I review my will when we separate? Yes, you should consider making a new will as soon as possible after you separate to ensure your estate passes in accordance with your wishes. … Read More
When people separate or divorce, they’re often preoccupied with the division of their current assets—they forget about estate planning and protecting their future assets. Here, we discuss the importance of wills.
When people go through a separation/divorce, they are often preoccupied with dealing with the division of their current assets and do not focus on future asset protection/estate planning. This can cause future distress, not only for the individual person but … Read More