What is Beneficiary Protection?
Beneficiary Protection is a term used when acting for a beneficiary of an estate to protect his or her interest in the estate. Firstly, it is important to note that executors have a fiduciary obligation to beneficiaries. This means that an executor is placed in a position of trust and has a legal obligation to […]
What is the process of challenging a Will in NSW?
Challenging a will in NSW refers to the legal process of disputing the validity of a Will. If you have an interest in an estate and you believe that a Will is not legally valid, you may have ground to challenge the Will in the Supreme Court of NSW. Here is a list of reasons […]
Jack’s Story: The Importance of an Enduring Power of Attorney
Jack (23) is a full-time university student and employee at a local stationery store. Jack has a loan on a car which he is working towards paying off, and lives in a rental with three other students. He has an estranged relationship with his parents, however, has a strong relationship with his 26-year-old sister, who […]
Is a verbal promise made before death grounds to contest a Will?
Can a verbal promise made before death be grounds to contest a Will in NSW? Well, it depends. When a verbal promise is made before someone passes away but is not formally added to their will, it can often be a complicated process to ensure that the agreement is honoured after death. For a verbal […]
What you need to know about defending a Will in NSW
You may have not heard the term ‘defending a will’ until it is a responsibility you are required to do as an executor of an estate. What does defending a Will in NSW mean? Defending a will in NSW refers to doing all that is required to uphold the terms of a deceased’s person’s will. […]
Emma’s Story: De Facto Relationship and an Outdated Will
Chris (65) is a widow with two grown-up adult children, Andrew and Michael. His wife had died 10 years before from underlying health issues. Chris’ children became estranged from him after their mother passed away. Over time, Chris’ friends introduced him to Emma. Emma (57) is in a relationship with Chris. They live in Chris’ […]
Nick’s Story: the importance of updating your Estate Plan
Nick (60) and Charlotte (57) were married for 5 years and living together in Melbourne. Nick was widowed 9 years prior and had two children from this marriage, Joshua and Tara (33 and 37). Although Nick had a good relationship with his children, the relationship between Charlotte and Nick’s two children was strained. Charlotte also […]
What makes a Will invalid in NSW?
More to Estate Planning than your Will
A will is a legal document with instructions as to who you wish to leave your assets to when you die. It includes who you wish to appoint as your executor to manage your estate and distribute your estate in accordance with your wishes. Although your will is vital when it comes to estate planning, […]
What happens to my digital assets on my death?
Do you ever find it hard to remember a password for an account you have? Now try and think about your executor gaining access to your digital accounts if you were to die. It can be tricky enough for your dedicated executor to navigate the division of your physical and financial assets without the added […]