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Wills

Estrangement: What does it mean in the law of succession in New South Wales?

Estrangement has been described as “the condition which results from the attitudes or conduct of one or both parties” (Andrews v Andrews [2011] NSWSC 115). On some occasions in claims for family provision, the condition of estrangement comes before the Courts for determination as a result of the failure of a testator to make...

Company Power of Attorney

Consider this situation... You are the sole shareholder and officer of the company that is your primary business vehicle. You have a Will and it is all up-to-date so when you die you should be protected – right? As you understand it your shares in the company will pass under the terms of your Will to your...

Who is included in a gift to your "children" in your Will?

It is common for parents to make provision for their children in their Wills as a group. For example, the Will might be worded: “I give the whole of my estate to my children who survive me, and if more than one, in equal shares”. Such a gift is known as a “class gift”. The advantage of a class gift...

What if I don't want my children to receive a share of my estate until they reach a certain age?

This is a particularly complex area of Will drafting. Certain wording can mean your children receive an “expectant share” in your estate when you die, but only take “possession” of that share when they reach the stipulated age. For example, the following clause will work in that way: “I give my estate to...

Unsigned Wills - When Intention is Everything

Unsigned Wills - When Intention is Everything Generally, for a Will to be valid it needs to be signed by a Willmaker (testator) in the presence of two witnesses, who should also sign at the same time. These witnesses shouldn’t be beneficiaries under the Will. However, in NSW, the Court may dispense with this requirement if the...

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