When making a Will, a testator has the freedom to decide who they wish to benefit from their estate and who they wish to exclude from their estate. This exclusion can be explicitly stated through an exclusion clause, which specifically identifies the person or persons to be excluded. While exclusion clauses serve as a mechanism
Can I exclude someone from my Will? Read More »
To be able to contest a will in New South Wales, you must comply with the terms of the Succession Act 2006. This legislation governs the ability for people who are eligible persons who are seeking a share or a greater share of the deceased’s estate. The first step in commencing a family provision claim
How do I start contesting a Will in NSW? Read More »
To be able to contest a will in New South Wales, you must comply with the terms of the Succession Act 2006. This legislation governs the ability for people who are eligible persons who are seeking a share or a greater share of the deceased’s estate. The first step in commencing a family provision claim
How do I start contesting a Will in NSW? Read More »
Generally, superannuation does not form part of your Estate unless the trustee of the superannuation fund pays your member ‘death benefits’ (the balance of your superannuation account) directly to your Estate. If you wish for your Superannuation to be paid to beneficiaries directly, you should contact your fund and discuss having a Binding Nomination placed
Does my Superannuation form part my estate? Read More »
You can make contact with a Lawyer when someone dies before the Funeral and they can guide you of your next steps however you will not be able to deal with any assets until you have received the Death Certificate from Births, Deaths & Marriages. You need to ascertain what the assets and liabilities of
Do I need to contact a Lawyer when a loved one passes away? Read More »
Probate is a Court order which confirms a Will is valid and that any Executors have the right to administer the Estate. Before you even apply for probate you will need to publish your intention to do so on the Supreme Court Website advising that after fourteen days you will be lodging an application to
Applying for Probate in the Supreme Court of NSW Read More »
You should not withdraw funds as you are accountable to the beneficiaries of the Estate. The Bank will only share the deceased’s Bank Account information with an Executor, Administrator or the next of kin. Upon notifying the Bank of the death, all Accounts will be frozen, so no unauthorised withdrawals are made. All Direct Debits
What happens to the bank accounts with someone passes? Read More »
What is an Executor? When someone dies, an Executor is the person appointed by the Will to administer the Estate. The Executor is required to ensure that the debts are paid and that the assets are obtained and distributed as listed in the Will. If there are more than one Executor, they will need to
What is the role of an Executor of a Will in NSW Read More »
It is common that when somebody passes away, a person who is in a relationship with that person (whether de-facto or married) or a child, sibling or relative may feel that they have not been properly provided for under the will. If this is the case, they may consider contesting the will or making what
Dependency and why it is important to contest a Will Read More »
In New South Wales any person has the ability to contest a will or make as we call it a “Family Provisions Claim”. However, like most litigated claims it is very important that you are aware of the statutory time limits. Without proper attention to these time limits it is highly likely that you will
Contesting a Will – The time limits you need to know Read More »
