No Will In A Defacto Relationship When Partner Dies

No Will – What happens if you have been living in a De Facto relationship and you didn’t have a Will when your partner dies? When person dies without a Will it is said they died ‘intestate’. This means that their Estate will be distributed in accordance with intestacy rules set out in the Succession […]

My Life – My Estate?

My ex-partner and I parted on good terms about 6 years ago. He has since passed and in his Will he left me a “Life Estate” to a holiday property that we used to spend time in together. He has children from his first marriage. Can they sell the house without my permission? If someone […]

Wills, Planning And Your Inheritance

“Don’t Rely on the Old Folks Money” was the title of the article on ground breaking research by Simon Kelly and Ann Harding published in the Elder Law Review nearly ten years ago ([2006] ElderLawRw5). The research in the article, from the University of Canberra’s National Centre for Social and Economic Modelling, found that inheritance […]

Estate Planning – What and who does it apply to?

Estate Planning covers a wide range of things that need to be considered and planned for in the event of your death, or a situation in which you are unable to manage your own financial affairs. The aim of Estate Planning, is to minimise risks to your assets including costly family provision claims and tax. […]

‘Donatio Mortis Causa’ – Gift on the Occasion of Death

‘Donatio Mortis Causa’ – Gift on the Occasion of Death A ‘Donatio Mortis Causa’ is often referred to as a ‘Gift on the occasion of death’. It is a conditional gift made to another person whilst the deceased is alive that, if it is not revoked by the deceased prior to their death, becomes the […]

Testamentary Trusts Lawyers – For Children with a Disability

A look at a recent NSW Supreme Court decision on Testamentary Trusts for children with a disability Testamentary Trusts are Trusts established in a person’s Will where a Trustee is appointed to manage assets gifted to beneficiaries under the Will. Testamentary Trusts are often used when the deceased has young children or a child with […]

Estate Planning – Family Will Disputes

Family Will Disputes – I helped my parent’s set-up a very successful grocery business fifteen years ago. The business was split equally in half between my parents and myself. I have now heard that they intend to give their 50 per cent share to my brother in their Will. He has never had any say […]