Executors (or Administrators) have a fiduciary duty to gather the property of deceased Estate for the beneficiaries. If the deceased was a member of a superannuation fund, the Executor’s duty will … [Read more...]
Family Provisions and the Notional Estate
This is the third part in our series about challenging a will. Today we continue our discussion of Family Provision claims. Previously, we outlined what Family Provision Orders are for, who is … [Read more...]
Challenging a Will – Family Provisions Claims
You feel that you have been unfairly dealt with in a Will. The inheritance may be smaller than expected. Your share may be smaller than expected. You may have been left out entirely. So what do you … [Read more...]
Property Investment
Are you investing in property? Watch the video below to find out why you need to see a Wills and Estates lawyer to protect your structures, minimise your risks, and ensure that your futures are … [Read more...]
Capacity, Influence and the Role of a Lawyer – Challenging a Will
This is the first in our series about challenging a Will. In this series we will deal with testamentary capacity, undue influence, Family Provision Act claims, and the concept of the notional … [Read more...]
What is the purpose of a Will?
Most people think a Will is all about money and property and who you're going to leave your assets to. But a Will is really about your values and what is important to you. It is how to take care of … [Read more...]
Are you the executor of a deceased estate? Want to know what to do?
No, an executor is not a person who chops off heads! An executor is the person appointed to "execute" a will. When someone dies, an executor is designated by the will to administer the estate. Put … [Read more...]
Planning For Your Retirement
When you’re planning for your retirement, it is important that you get advice from the experts. Our principal Greg Martin recently spoke at a retirement seminar on Aged Care, Wills and Estates, Powers … [Read more...]
Avoid a legal battle over which parent died first
A recent British court case showed how important it is to have a properly-drafted Will taking into account all contingencies. The court had to determine which of two parents had died first. They … [Read more...]
If you murder your spouse, can you inherit their money?
Don’t believe everything you see in Hollywood movies! Under Australia’s estate forfeiture laws, somebody who is convicted of murder cannot inherit any part of their victim’s estate. But the law is … [Read more...]