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 Duties In Australia (Explained)
Do death duties apply in Australia? Inheritance Tax, commonly referred to as “death duties”, has not applied in Australia since 1981. Despite abolishing Inheritance Tax, there are still a number of taxes, that may impact on you if you receive an inheritance from a deceased Estate. These include capital gains tax, superannuation and stamp duty. […]
The executors fiduciary duty (explained)
What is a fiduciary relationship? A Fiduciary relationship explains the relationship of confidence that exists between certain people such as a lawyer and client, or the Executor of a deceased Estate and the beneficiaries of that Estate. Does an Executor of a Will have a fiduciary relationship? A Fiduciary, such as an Executor of a […]
What Is Estate Planning and Why It Is Important
What Is Estate Planning and Why It Is Important Estate planning is the process of working out the best way to structure your personal and financial affairs while you are alive so that you are looked after during your lifetime. It’s also the process of ensuring your personal possessions and financial assets are distributed the […]
Who pays for a funeral? Who pays the costs of selling property when someone dies?
Who pays for a funeral? Funeral expenses are usually paid from the Estate of the deceased and are handled by the Executor. If you are the Executor and you paid for the Funeral Expenses, then you are entitled to be reimbursed from the Estate. If you were not the Executor named in the Will but […]
The Difference Between Testamentary and Discretionary Trusts
Testamentary Trust vs. Discretionary Trust – What’s the difference? What is the difference between Testamentary and Discretionary Trusts? A Testamentary Trust comes into effect when you die. But a Discretionary Trust allows the Trustee to make decisions about your estate at any time. What is a “Trust”? A Trust is a legal arrangement where you […]
Case Study: Same Sex Couples and Estate Litigation
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 […]
Case Study: “Bindoff v The Trust Company (Australia) Ltd”; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100
Case Study: “Bindoff v The Trust Company (Australia) Ltd”; Estate of the late Everitt Joseph Griffiths [2016] NSWSC 1100 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 […]
What is a probate caveat?
What is a probate caveat? A probate caveat allows you to stop the executor from distributing the assets of an estate. The executor will need to prove to the court that the Will is the last valid Will of the deceased. When a person dies their Will needs to be filed with the Court so […]
Case Study: How Will Disputes Can Tear A Family Apart
Case Study: How Will Disputes Can Tear A Family Apart Will Disputes can tear a family apart! The decision in the New South Wales Supreme Court in Smith v Smith [2016] demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the Judge when handing down […]