Australian Wills do include a “Catch Clause” and it is generally referred to as a “residuary clause” in a Will. The purpose of including a residuary clause in a Will, is to ensure that any property not mentioned in your Will, is properly disposed of without the risk of a partial intestacy arising. A partial … Continue reading Australian Wills “Catch Clause”
Battle of Wills – My husband died 6 months ago and left $150,000 to one of my sons and to the other, our holiday home. I feel that this is a little unfair given that the price of the house is worth approximately $400,000 – $500,000. As his widow am I able to Contest … Continue reading Battle of Wills
What is the Court process for Contesting a Will and is it Expensive? – There are a number of legal grounds available to Contest a Will, so the Court process and costs will vary depending on which legal ground is used. Family Provision Claim Court process and costs – A Family Provision Claim is a claim … Continue reading Court Process For Contesting a Will
Death, funeral expenses and contesting Wills and we thought that life was complicated! Here is a scenario that can cause dilemmas for many families. My father died and I have been left with the costs of his Funeral Expenses and the sale of his house. Sixty per cent of his Will has been left to … Continue reading Death, Funeral Expenses and Contesting Wills!
Same sex couples actually have the same rights as heterosexual couples when it comes to Estate Litigation. This is because of the definition of “eligible persons” under the Succession Act of New South Wales. Only people who fit into one or more of the various classes of “eligible persons” are able to make a claim … Continue reading Same Sex Couples and Estate Litigation!
If you believe that you have been treated unfairly in a Will, then you need to take action. Eligible persons, such as children, partners and dependents, are able to appeal to the Court if they believe they have been unfairly treated in a Will. In New South Wales such claims are referred to as “family … Continue reading Have You Been Treated Unfairly In A Will?
Will Disputes in NSW – How They Can Tear A Family Apart Will Disputes can tear a family apart! In the recent decision of the New South Wales Supreme Court in Smith v Smith  demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the … Continue reading Will Disputes – How They Can Tear A Family Apart
What to do with Competing Family Provision Claims is something for a legal expert to advise upon. It can become a battle of Wills and therefore can become quite complex. See the example below of a real-life case where a battle of wills needed expert legal advice! The recent decision of the NSW Supreme Court … Continue reading What To Do With Competing Family Provision Claims!
I would like to challenge my fathers Will on the grounds of ‘undue influence’“We each want to provide for own children” I would like to challenge my fathers Will on the grounds of ‘undue influence’. His new wife of nine months had him change his Will in the last three months of his life when … Continue reading Challenge a Will on the grounds of ‘undue influence’
I would like to challenge my late ex-husbands Will I don’t believe he adequately provided for my son who is now 16 (he was 14 when his father passed). The bulk of the estate went to his current wife – is it too late to contest the Will? It is not too late to contest … Continue reading Challenging my Ex-Husbands Will