A Will is NOT “One Size Fits All”
When it comes to something as important as your Will, you need to have a Will that is customised and “tailored to fit” you and your individual circumstances. It’s...
Read MoreRemember Brett Whiteley? Great artist but a terrible “would-be-lawyer”
After Brett Whiteley and his former wife, Wendy, finalised their long and bitterly contested family law property settlement, Brett decided to try his hand at a “do-it-yourself Will” in...
Read MoreEstate Planning and Enduring Powers of Attorney: what can your attorney really do?
Many Australians operate businesses or hold assets in family discretionary trusts. The trustees of the trust can be individuals or a company. If the trustee is a company, its...
Read More$732,133.76 reasons why an Executor should obtain the best legal advice
In a Decision of the NSW Supreme Court handed down on 31 January 2013, a Judge has ordered a person who obtained a Grant of Probate of a Will,...
Read MoreEstrangement: 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 NSWSC 115). On some occasions in...
Read MoreCompany 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...
Read MoreWho 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...
Read MoreWhat 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”...
Read MoreUnsigned 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...
Read MoreDon’t Leave Your Child’s Guardian Out of Pocket
The Cost to Guardians Tim and Tina were killed in a motor vehicle accident. They had 2 children aged 6 and 4. In their Wills they had appointed Tina’s...
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