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 […]

How to contest a Will in the Supreme Court NSW

NSW Supreme Court

How to contest a Will in the Supreme Court NSW There are various ways to contest a Will in the Supreme Court of NSW. Including family provision claims, a lack of testamentary capacity by the Will maker, fraud, undue influence or a need to rectify the drafting of a Will. Family Provision Claims Family Provision […]

Dependent Support Claims in Contested Wills

What are Dependent Support Claims in Contested Wills in NSW? Dependant Support Claims in Contested Wills, are claims made against a deceased Estate by dependents of the deceased. They are generally made by adults -being either adult children, stepchildren or grandchildren of the deceased under the family provision claim section of the Succession Act. Dependent […]

How to contest a Will under the Succession Act 2006

What is the Succession Act 2006? In most states of Australia, legislation is in place to assist people in challenging a Will. In New South Wales, this legislation is called the ‘Succession Act’. The Succession Act 2006 sets out who and how a person can contest a Will. Under the Act, only people who fall […]

What is the definition of personal possessions in a Will?

NSW Supreme Court

What is the definition of personal possessions in a Will? (also known as personal items, personal effects, personal property or chattels). Case Study: Lowe v Lowe [2015] NSWSC 48 This has long been the subject of court decisions about what is included in “personal possessions” and how they are to be distributed to beneficiaries. A […]

Can I contest my father’s Will in Australia?

Can I contest my father’s Will in Australia? The two main questions that need to be considered when Contesting a Will are: (a) Am I an eligible person to contest as defined in the Succession Act? and (b) Did the deceased fail to make adequate provision for my proper maintenance, education and advancement in life? […]