Will Disputes – How They Can Tear A Family Apart

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 [2016] demonstrates the devastating and long lasting effect that Will disputes can have on family relationships. The opening statement of the […]

What is The Guardianship Tribunal NSW?

What is The Guardianship Tribunal NSW? (Guardianship Division NCAT) ​The Guardianship Tribunal NSW (or Guardianship Division NCAT) determines applications for adults ​who are incapable of making their own decisions and who may require a legally appointed substitute decision maker. This is called a “Guardian”. It’s important to choose an Enduring Power of Attorney in the […]

Estate Pascale [2016] NSWSC 443 – Competing Family Provision Claims

Case Study: Estate Pascale [2016] NSWSC 443 The recent decision of Estate Pascale [2016] NSWSC 443 considered what happens when there are numerous competing claims on a deceased Estate. The deceased was involved in four long-term relationships during his life made up of three marriages and one long term de facto relationship. There were two […]

How often should I update my Will?

How often should I update my Will? People often ask us “how often should I update my Will?” It depends if your circumstances have changed. Perhaps you have married or divorced, acquired or disposed of property or welcomed a new member into your family. Here are a few reasons why you should update your Will. […]

Trust Funds and Retirement Homes

Looking to the future! Trust Funds – Is it a good idea to have a Trust Fund? My mother is going to have to sell her home to go into care facilities – Is it correct that if the money is put into Trust it can’t be accessed by the Care Home to pay for […]

How to choose an executor for your Will (4 tips)

How to choose an executor for your Will When you die, someone will have to manage your estate, take charge of the assets and divide them as your will or if there is no will, as the law provides. If you have a Will, that person will be named in the Will, and is known […]

Protecting Your Childrens Inheritance

“I don’t want the kids to have to move” Protecting Your Childrens Inheritance – Many parents are concerned that if they die they do not want the family to have to move – they believe that the death will be traumatic enough without having to adjust to a new home as well. Mark felt that […]

The Will looks Fraudulent

Fraudulent – If you think that the deceased’s signature on their Will is not theirs, you may be able to challenge the Will on the basis of it being forged. It is important to seek legal advice as soon as possible if you believe that a signature on a Will has been forged. Time is […]

Special Needs and Your Will

My daughter is severely disabled. How can I ensure she is adequately looked after when we are no longer around? Is there a Special Needs Trust that we can set up in our Will? Special Needs and Your Will – For parents of a child with a severe disability, how to ensure that their child […]

When a will is revoked by a new marriage

Your father needs to be informed that the Will he made when married to your mother has been revoked by his subsequent marriages My father has been married a couple of times and is currently engaged. He hasn’t changed his Will since my mother passed and is not getting any younger! I dread having to […]