During a will dispute or estate dispute, it may be necessary for a party to protect their interest in the deceased’s estate by lodging a caveat against the granting of Probate or Letters of Administration. A Probate Caveat is similar to a property caveat in that it prevents further actions with the estate in the...Read More
When considering your estate planning and succession needs, your Will is the predominate document that sets out how your assets should be administered and distributed when you die. It is important to consider a number of things when planning your estate and will. In this post, we consider a number of these issues. Appointment of...Read More
Does your Will include overseas property? A will can be one of the most complex and difficult documents to write, especially where assets or beneficiaries are located across several jurisdictions. To simplify succession law in Australia, the Australian Government acceded to the Convention Providing a Uniform Law on the Form of an International Will 1973...Read More
Often in a will dispute or estate dispute, a party will need to get access to the Wills or similar documents from other parties or people. Whilst a person is alive, no one else generally has a right to inspect the Will of a person or see its contents. Once someone has passed away, the...Read More
The Supreme Court has today delivered judgment providing judicial advice to the trustees of the NSW Rural Fire Service & Brigades Donations Fund. Simply put, the trustees (being the people in charge of distributing the fund) asked the Supreme Court for binding advice to determine whether they could use the funds raised by Celeste Barber’s...Read More
In some circumstances, the executors or administrators of the estate may need to file, verify and pass the accounts of the estate with the Supreme Court. If required, the executors or administrators of the estate must verify the estate accounts and file them with the Court. The Court can go a step further and require...Read More
Dealing with the passing of a loved one is a very emotional process, even in straightforward circumstances. The process becomes even more tolling on people and family where a will dispute arises or someone in challenging a will. Our will dispute lawyers are experienced in all aspects of will disputes, challenging a will and dealing...Read More
Generally, a Will be signed by the willmaker (testator) in front of two witnesses who each witness the signature and then sign the Will in front of each other. Though not legally required, the Will usually has an attestation clause towards the end which sets out the circumstances in which the testator signed the Will...Read More
The New South Wales Government has made amendments to the Electronic Transactions Act 2000 and the associated regulations in response to the COVID-19 pandemic. The amendments allow for a number of documents to be witnessed employing audio visual link in NSW. Previously, when witnessing the signing or execution of a document, the person signing the document and...Read More
