What is a Family Provision Claim?

What is a family provision claim? A family provision claim is made by a person who hasn’t been included in a Will or hasn’t received their fair share. Who can make a family provision claim? A family provision claim can only be made by people who are considered ‘Eligible Persons’ under the Succession Act. Eligible […]

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? […]

What are the inheritance laws in NSW?

How does inheritance work in NSW? The question of who can benefit under Inheritance Laws depends on whether a person has left behind a valid Will or not. If a person has left behind a valid Will, then the people named as beneficiaries in their Will, generally inherit the assets left to them in the Will. […]

What is a Testamentary Trust?

How does a Testamentary Trust work? A Testamentary Trust is a Trust that is set up in your Will to look after your loved ones after you are gone. A Testamentary Trust comes into effect after you die. The way a Testamentary Trust works is that you set up a Trust in your Will with […]

How to avoid inheritance tax with a trust

How to avoid inheritance tax with a Trust Inheritance Tax (or ‘death duties‘) doesn’t exist in Australia. But an inheritance can affect other things, including capital gains tax, Centrelink benefits and income tax. That’s why it can be good to set up a Trust for your beneficiaries. The money will not actually form part of […]

What to do when a parent dies (NSW)

What to do when a parent dies (NSW) What to do when a parent dies, can be one of the hardest situations to experience. As well as dealing with the loss of a loved one, you may also have to deal and handle the effect of their death, which may include, ensuring that the wishes […]

What is a residuary clause in a Will?

What is a residuary clause in a Will? A residuary clause in a Will can ensure that any property not mentioned in your Will is properly disposed of without the risk of a partial intestacy arising. A partial intestacy means, that a gift in the Will has failed and that part of the property will […]

Estate planning for disabled beneficiaries

How to create a testamentary trust for a disabled child “I am the single parent of a child with severe disabilities. What can I do in relation to providing for them in my Will? I want to ensure that they are properly taken care of when I am no longer able to.” You are not […]

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 […]