How does Probate work in NSW?

What is Probate? Probate is the name of a court order that is granted by the Supreme Court of NSW. It confirms that: the will is valid the executor has permission to distribute the estate according to the will You might not need to go through Probate if the person died without owning property and […]

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 […]

What happens when an estate is insolvent?

What happens to the debt of someone who dies? An Estate is insolvent in NSW when the liabilities of the deceased Estate are greater that the assets of the Estate. When a person dies, it is the duty of the Executor named in their Will (or appointed by the Court if the deceased did not […]

How to avoid capital gains tax on inherited property

How to avoid capital gains tax on inherited property Have you inherited property? You may have to pay capital gains tax (CGT). Capital Gains Tax is an Australian tax on real estate or shares that may be payable when you sell these assets. The tax is calculated on the difference between the purchase price of […]

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 […]

What is a Grant of Representation?

What is a Grant Of Representation? A ‘Grant of Representation’ is also known as a Grant of Probate and it is the official legal document from the Court that allows a person, usually the Executor named in the Will of the deceased, to deal with the assets of a deceased Estate. The usual process after […]

Probate Difficulties

Probate difficulties In NSW? Probate can come with a few difficulties! ¬†Probate is the formal application that is made to the Court after a person has died. The purpose of the application to the Court is to establish the validity of the Will of the deceased so that the Executors named in the Wil,l can […]

How can I get more than my siblings from our parent’s estate?

How can I get more than my siblings from our parent’s estate? Can I inherit a larger share of my parent’s Estate? I have given up my job to look after them, whereas my siblings are still living in their own homes and have full-time jobs. Caring for elderly parents can be a full time […]

How to talk about estate planning with your parents

How to talk about estate planning with your parents Talking about Wills with your parents is an individual’s choice. Most families avoid these types of discussions as they can be uncomfortable, but by asking these questions, families can be better prepared when a family member passes and have a better understanding of what their wishes […]

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 […]