Wills and Estates

For better or worse: How does your marriage or divorce affect your Will?

Marriage Generally, a Will is revoked by the marriage of a testator (the person that makes a Will). The most common exception to this is where a Will is expressed to be in contemplation of marriage. The solemnisation of a marriage after the Will is made does not revoke the Will. Further, a disposition made…

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Finders, Keepers, Losers, Weepers

It made headlines in November last year – a Sydney developer that exercised “squatters rights” to claim title to a house valued at $1.7M by simply moving in to an unoccupied Ashbury house and renting it out. The house at 6 Malleny Street was originally purchased by Mr Henry Thompson Downie in 1927. He resided…

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Appointment of Enduring Guardian

What is an Appointment of Enduring Guardian? An Appointment of Enduring Guardian (Appointment) is a legal document that authorises one or more persons to make health and lifestyle decisions on your behalf. Appointments are governed by the Guardianship Act 1987 (Act). Under the Act, an appointment only has effect during such period as the appointor…

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Power of Attorney

What is a Power of Attorney? A Power of Attorney is a legal document that authorises one or more persons to make real estate and financial decisions on your behalf. It can operate in different circumstances such as where you travel overseas and require someone to manage your financial affairs locally for a short time…

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Challenging a Will: What information does an applicant need to show when making an application for a greater share in the deceased’s estate?

If a person decides to make a claim against a deceased person’s estate seeking a greater share in the deceased’s property, that person will need to provide information to the Court to show that they have needs that have not been adequately provided for by the deceased. Additionally, a person will need to provide information…

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Challenging a deceased person’s will: family provision claims

If a person is unhappy with what has been left to them in a will, a family provision claim can be made seeking better provision from a deceased person’s estate. In this article, we look at what a family provision claim is and who can make a claim. What is a family provision claim? A…

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Claiming against an Estate: Who can claim and what does an applicant need to show?

If you are a beneficiary or family member who has been left out of a will or your inheritance is less than promised or you consider you are entitled to a larger share than you have been left, there are avenues to pursue. One of these is to bring an application for family provision against…

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