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Wills and Estates Articles

Michelle Bromfield has been shortlisted for the Women in Law Awards 2023

The Women in Law Awards is the most highly regarded awards program across Australia recognising exceptional women in the Australian legal industry. This prestigious national awards program presents an exceptional opportunity for leading women to showcase their achievements, attract more clients, and propel their careers on top of…

Family provisions claims

If you have been left out of a will, or believe that you have been left with inadequate provision[1] in a will or from an estate you may be able to make a claim for provision, or for further provision (“family provisions claim/claim”) from the estate. The Succession…

The position of adopted children in deceased estates

An adopted child has the same rights in relation to the adoptive parent(s) as a natural child born to those adoptive parents. If an adoption order is made, then pursuant to section 95 of the Adoption Act 2000 (NSW): the adopted child has the same rights in relation…

Challenging a Will as invalid

The grant of probate is based on the understanding that the Will is valid and represents the last testamentary intentions of the deceased. If you believe that the Will that is being propounded as the last Will of the deceased is not valid or that the application for…

Benjamin Order to Distribute an Intestate Estate

In NSW Trustee and Guardian; re estate of Cooper [2018] NSWSC 1020, the NSW Trustee & Guardian (TAG) applied to the Court, as administrator of the estate, for orders permitting the distribution of the deceased estate to the Crown. The order sought is known as a Benjamin order.…

Is an Attorney Entitled to the Principal’s Will?

The short answer to this question is ‘no’ unless there is an express direction from the attorney within the power of attorney document itself that the attorney is entitled to access the principal’s will. Otherwise, simply, in New South Wales at least, there is no legal basis for…

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…

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.…