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 …
Cy-près (pronounced sih-pree) is a legal term that originated from French law and is used in NSW in relation to trusts. A cy-près scheme is a legal process that allows the Supreme Court of NSW to modify the terms of a charitable trust to ensure that the trust’s objectives are still met, even if the …
Cy-près Schemes and Charitable Trusts. What are they? 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 »
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 »
Estate Litigation or Family Provisions Claims are usually actions taken by individuals who have been left out of a will. The sole purpose of these claims is for these people to try and gain a benefit from the estate of which they believe they are entitled too. However, much like all forms of litigation in …
Why settlement and mediation plays an important role in estate litigation Read More »
Admittedly, Wills and Estate Planning isn’t a particularly inspiring topic. That being said however, it is an important matter to consider – if not for yourself, then for your loved ones or those you leave behind.
