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 […]

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? […]

Can a wife contest a Will?

Can a wife contest a Will? “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 […]

Contesting a Will (Costs and Process)

How much does it cost to contest a Will in court and what is the process? There are a number of legal grounds available to Contest a Will. The Court process and costs will vary depending on which legal ground is used. What is a family provision claim? A Family Provision Claim is a claim […]

Death, Funeral Expenses and Contesting Wills!

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 […]

Case Study: Same Sex Couples and Estate Litigation

NSW Supreme Court

Calokerinos, Executor of the Estate of the late George Sclavos v Yasilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Scalvos [2017] NSWSC 666 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 […]