A will of the deceased can be set aside even after the probate is granted. Common Grounds for Contesting a Will Family provision claims In…
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When families are confronted with the shock of a death of a family member decisions have to be made that may not have been contemplated….
In New South Wales, family provision claims are brought by the deceased’s spouse or children or someone who had lived with the deceased in a…
A testamentary trust may be established under the terms of a will. It is not the same trust as the deceased estate and may last…
The increase of personal wealth in recent times, together with increased life expectancy and associated age-related disabling conditions such as Dementia and Alzheimer’s, has resulted…
In this day and age where outstanding scientific and technical undertakings have been achieved in a wide range of areas including medical research, disease treatment,…
Presumption of Survivorship and the Order of Deaths A mother and son were found dead in their home. The sequence of death was relevant as…
In some instances, the ability to utilise the benefits provided for in ITAA36 Pt III Division 6AA is lost, often because the will maker has…
The problems with losing a trust deed are self evident. A trust relationship must be run through a trust structure, with a trustee. A trustee’s…
It is not uncommon for assets to be held in various locations, including shares and investment properties during one’s lifetime. What follows in an overview…
If you are a grandchild who was wholly or partly dependent on the deceased at any time, although never a member of the same household…
Posted By LeeLawyers on 25 Sep 2014 Nolan v Nolan & Ors [2014] QSC 218 Highlights: An ex-wife gains substantial interest in family assets outside…
Good Estate Planning will enable you to prepare, manage and preserve your assets in the event of a contingency such as incapacity or death in…
A family provision claim refers to an application for an order for provision to be made out of a deceased estate for a person’s maintenance,…
In the context of your estate planning and major assets of an estate such as a business it is essential to consider who is to…
For many business owners their business is the major asset of the estate. Yet surprisingly very few business owners have adequately initiated basic estate planning…
A person’s will may not be accurate due to a mistake which causes the testamentary document to not effect their intentions, for example by incorrectly…
Maestrale v Aspite [2012] NSWSC 1420 highlights the importance of acting on instructions in a timely and professional manner. A solicitor who was ultimately found to have…
In many family enterprises parents transfer ownership of the family business based on “sweat equity” (work performed in the business for less than market conditions)…
