What is a ‘Mirror Will’ in Australia?

What is a 'Mirror Will' in Australia?

What is a ‘Mirror Will’ in Australia? Mirror Wills are essentially identical Wills. They are very common in domestic relationships. Usually, the Estate is left to the surviving spouse and then distributed amongst any children after that partner’s death. This sounds simple and can work well. Whilst it’s not often talked about, the surviving spouse […]

What are the benefits of family trusts?

What are the benefits of family trusts? Baby Boomers are setting up Family Trust Funds to help next generation family members. But what are the benefits of family trusts? Baby Boomers in Australia are in a unique position compared to previous generations, they are home owners in a rising property market, with superannuation and other […]

How to leave a business in a Will in NSW

How To Leave A Business In A Will In NSW The first thing to do is to sit down and talk to your family about the options available for the business after you are gone. Having this discussion may be confronting, but it is important to ensure that everyone in the family is on the […]

Can I change lawyers for a contested estate matter?

Can I change lawyers for a contested estate matter? Question: “I hired a different law firm to handle a contested Will. But I’m not happy. What should I do?” Answer: It is unfortunate but it can happen, a lawyer who is meant to be Administering a Deceased Estate acts negligently in fulfilling their duties. When […]

Is it worth contesting a Will?

Is it worth contesting a Will? Is it worth contesting a Will? What’s the real cost? The fact is, families are often torn apart. This was recently seen on the TV show ‘A Current Affair’. In one example, 3brothers had spent 3 years arguing over their mother’s $3 million Estate. The relationship between the brothers […]

5 Grounds For Contesting A Will

5 Grounds for Contesting a Will The main grounds for contesting a Will include testamentary capacity, lack of valid execution, lack of capacity and rectification. Do you have grounds for contesting a Will? Find out here. 1. Testamentary Capacity To make a valid Will a person needs to have a certain level of understanding what […]

Domicile Issues In Contested Wills

Application of Perpetual Trustee Company Ltd; Re: Estate of the late Evelyn Mary Dempsey [2016] NSWSC 159 Domicile is defined as the country that a person treats as their permanent home or lives in or has a connection with. Where a person is domiciled is an important aspect of Wills and Estates law as it […]

Complex Wills and Planning For The Future

Complex Wills and Planning for the Future In NSW Complex Wills and planning for the future are a sign of the times! As families get more complex in their make-up so does Wills and Estates Planning. This is because your Will and your Estate will need to potentially take into account ex partners, step children, […]

What is the difference between probate and letters of administration?

What is the difference between probate and letters of administration? A Probate grant is a Supreme Court order, given to an Executor, that identifies the Executor as the person to deal with the deceased person’s estate. A Letter of Administration is given to someone who isn’t named as executor in the will. It’s usually a […]