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Wills & Estates
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Once the executors or administrators of the estate have a grant of probate or letters of administration, they must administer the estate. Administration of the estate involves collecting all the deceased’s assets, paying any liabilities or expenses and distributing the assets of the estates to the beneficiaries. What are the steps in the administration of the estate? The...
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Supreme Court
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...
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Superannuation is becoming an increasingly important part of estate planning. To ensure that your superannuation is dealt with in accordance with your wishes, and to avoid costly and unintended consequences, it is important to ensure you have validly provided instructions to the Trustee of your Superannuation Fund. Directing a Super Fund on how they are...
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my last will handwriting
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...
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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...
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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...
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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...
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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...
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Willmakers have many options available to them on how they wish to divide the assets of their estate when they pass. If a willmaker owns real property (a house or unit), they may need to make arrangements to allow a spouse or other person to remain in the property until that other person passes away....
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